Qualifications and Quality Assurance (Education and Training) (Amendment) Act 2019

PART 1 Preliminary and General

1. Short title and commencement

1. (1) This Act may be cited as the Qualifications and Quality Assurance (Education and Training) (Amendment) Act 2019.

(2) This Act shall come into operation on such day or days as the Minister for Education and Skills may by order or orders appoint either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or different provisions.

2. Definition

2.In this Act “Principal Act” means the Qualifications and Quality Assurance (Education and Training) Act 2012.

PART 2 Amendment of Principal Act

3. Amendment of section 2 of Principal Act (Interpretation)

3. (1) Section 2(1) of the Principal Act is amended:

(a) by the insertion of the following definition after the definition of “Appeals Board”:

“‘associated provider’ has the meaning assigned to it by section 55F(1);”;

(b) by the insertion of the following definition after the definition of “award”:

“‘award that is included within the Framework’ shall be construed in accordance with section 55B;”;

(c) in the definition of “designated awarding body”, by the insertion of “an Institute of Technology,” after “a technological university,” (inserted by the Technological Universities Act 2018);

(d) by the insertion of the following definition after the definition of “dissolved body”:

“‘English language education and training’ means a programme of education and training in English as a foreign language and ‘English language programme’ shall be construed accordingly;”;

(e) by the insertion of the following definition after the definition of “linked provider”:

“‘listed awarding body’ has the meaning assigned to it by section 55A(1)(a);”;

(f) in the definition of “relevant provider”—

(i) in paragraph (g), by the substitution of “section 53,” for “section 53, or”,

(ii) in paragraph (h), by the substitution, in subparagraph (ii), of “provider,” for “provider;”, and

(iii) by the insertion of the following paragraphs after paragraph (h) —

“(i) an Institute of Technology,

(j) an education and training board, or

(k) a listed awarding body providing one or more programmes leading to its own awards that are awards included within the Framework;”;

and

(g) by the insertion of the following definition after the definition of “relevant provider”:

“ ‘Solas’ means An tSeirbhís Oideachais Leanúnaigh agus Scileanna;”.

(2) Section 2 of the Principal Act is amended by the substitution of the following subsection for subsection (2):

“(2) For the purposes of this Act, a programme of education and training is validated where the Authority confirms under section 45 that the provider of the programme has satisfied the Authority that, in respect of the period for which, by virtue of subsection (1A) or (1B) of section 45, the validation is to have effect:

(a) an enrolled learner of that provider who completes that programme will acquire, and where appropriate, be able to demonstrate, the necessary knowledge, skill or competence to justify an award of the Authority being offered in respect of that programme;

(b) the quality assurance procedures established under section 28 by that provider are consistent with the guidelines issued by the Authority under section 27(1) and suitable for quality assuring that programme; and

(c) the provider has the capacity and capability to provide that programme;

and section 45 shall be construed and operate so as to require the Authority to be so satisfied as to those matters.”.

(3) Section 2(3) of the Principal Act is amended by the substitution of “provider that has a place of business in the State and is not” for “provider that is not”.

4. Amendment of section 9 of Principal Act (Functions of Authority)

4. (1) Section 9(1) of the Principal Act is amended:

(a) by the substitution of the following paragraph for paragraph (c):

“(c) approve a provider’s quality assurance procedures and monitor and review the effectiveness of such procedures (including such procedures as they stand amended for the time being),”;

(b) in paragraph (j) —

(i) by the substitution of “awards that are awards included within the Framework” for “awards recognised within the Framework”, where it firstly occurs, and

(ii) by the substitution of “such awards” for “awards recognised within the Framework”, where it secondly occurs;

(c) in paragraph (o), by the substitution of “completion,” for “completion, and”;

(d) in paragraph (p), by the substitution of “appropriate,” for “appropriate.”; and

(e) by the insertion of the following paragraphs after paragraph (p):

“(q) share, as it considers appropriate, any information collected through the performance of its functions with a Department of State, the Office of the Revenue Commissioners, Solas and any other body the Authority considers appropriate, subject to the general law (and in particular the relevant law of the European Union and the Data Protection Act 2018),

(r) make decisions that it is appropriate that particular awards be regarded, for the purposes of this Act, as awards that are included within the Framework, and

(s) as an element of the process of making decisions of the foregoing kind, prepare and publish a list of awarding bodies for the purposes of having awards included within the Framework.”.

(2) Section 9(2) of the Principal Act is amended:

(a) in paragraph (d), by the substitution of “Minister,” for “Minister, and”;

(b) in paragraph (e), by the insertion, after “State Examinations Commission” of “, Solas”, and the substitution of “Authority considers appropriate,” for “Authority considers appropriate.”; and

(c) by the insertion of the following paragraphs after paragraph (e):

“(f) conduct any reviews that it considers necessary and expedient for the performance of its functions, and

(g) publish reports of its reviews, evaluations and determinations as it considers appropriate.”.

5. Amendment of section 13 of Principal Act (Co-operation with Authority)

5. Section 13 of the Principal Act is amended by the insertion of the following subsection after subsection (3):

“(4) In this section and section 14 a reference to a relevant provider shall be construed as including a reference to a listed awarding body, whether or not it is a listed awarding body that falls within paragraph (k) of the definition of ‘relevant provider’ in section 2(1).”.

6. Amendment of Principal Act - furnishing of information to other bodies

6. The Principal Act is amended by the insertion of the following section after section 14:

“Furnishing of information by Authority to other bodies

14A. (1) Subject to subsection (2), the Authority may furnish to a Department of State, the Office of the Revenue Commissioners, An tÚdarás um Ard-Oideachas, Solas, the Central Applications Office and any other body the Authority considers appropriate information which comes to its attention in the course of performing its functions, and which relates to one or more functions of that other body.

(2) Subsection (1) does not apply to information that is personal data within the meaning of the General Data Protection Regulation; the furnishing to others of personal data by the Authority shall be in accordance with the general law, and in particular:

(a) the General Data Protection Regulation; and

(b) as applicable—

(i) the Data Protection Act 2018; and

(ii) any Act of the Oireachtas that is passed, before, on or after the commencement of section 6 of the Qualifications and Quality Assurance (Education and Training) (Amendment) Act 2019, for the purpose of, amongst other things, the regulation of the sharing of personal data (or both personal data and other information) between public bodies.

(3) In subsection (2) ‘General Data Protection Regulation’ means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC.”.

7. Amendment of section 27 of Principal Act (Quality assurance)

7. Section 27 of the Principal Act is amended:

(a) by the insertion of the following subsections after subsection (1):

“(1A) As soon as practicable after the commencement of section 7 of the Qualifications and Quality Assurance (Education and Training) (Amendment) Act 2019, the Authority shall issue guidelines for the establishment of procedures by listed awarding bodies under section 55F(2).

(1B) The power under this section of the Authority—

(a) to issue quality assurance guidelines, or any other guidelines, and

(b) to establish effectiveness review procedures, or any other procedures,

includes, respectively, the power of the Authority to amend any of the foregoing guidelines, or issue guidelines to replace existing such guidelines, and the power of the Authority to amend any of the foregoing procedures, or establish procedures to replace existing such procedures.

(1C) In consequence of what is provided in the preceding subsection, a reference in this section to ‘issue’ or ‘issuing’, in respect of guidelines, or ‘establish’ or ‘establishing’, in respect of procedures, includes a reference, as the case may be—

(a) to ‘amend’ or to ‘amending’, or

(b) to do, or to the doing of, the act of issuing or establishing, as appropriate, guidelines or procedures by way of replacement of existing guidelines or procedures.”,

(b) by the insertion of the following subsection after subsection (4):

“(4A) Where—

(a) quality assurance guidelines and effectiveness review procedures apply to providers, and

(b) any or all of those providers are education and training boards or other bodies engaged in the provision of further education and training programmes, to whom moneys have been advanced under section 21 of the Further Education and Training Act 2013,

the Authority shall consult with Solas before issuing those guidelines and establishing those review procedures.”,

and

(c) by the substitution of the following subsection for subsection (6):

“(6) The Authority may—

(a) issue different quality assurance guidelines for different relevant, linked or associated providers, or groups of relevant, linked or associated providers,

(b) issue different quality assurance guidelines for different classes of programmes or different types of provision, and

(c) establish different effectiveness review procedures for different relevant, linked or associated providers or groups of relevant, linked or associated providers.”.

8. Amendment of section 28 of Principal Act (Obligation of providers to prepare quality assurance procedures)

8. Section 28 of the Principal Act is amended:

(a) in subsection (1), by the substitution of “each relevant provider, linked provider and associated provider shall establish procedures” for “each relevant provider and linked provider shall establish procedures in writing”;

(b) in subsection (2), by the substitution of “each relevant provider, linked provider and associated provider” for “each relevant provider and linked provider”;

(c) by the insertion of the following subsections after subsection (2):

“(2A)The quality assurance procedures established by a relevant provider, linked provider or associated provider to satisfy the provisions of section 33, 44(8) or 61(6), as appropriate, shall be for the purpose of further improving and maintaining the quality of education and training provided, organised or procured by that provider, being—

(a) education and training that lead to one or more awards that are awards included within the Framework, or

(b) English language education and training, the programme in respect of which the provider is authorised, under section 61(7), to use the international education mark.

(2B) Programmes of education to which section 13(3) of the Education Act 1998 applies shall not be subject to the procedures established under this section.”;

(d) by the substitution of the following subsection for subsection (3):

“(3) Procedures under subsection (1) shall be established—

(a) as soon as practicable after the issue of guidelines by the Authority under section 27(1)(a), and

(b) in addition to what is provided in paragraph (a), in the following cases at such other time or times:

(i) subject to subparagraphs (ii) to (iv), by a relevant provider, linked provider or associated provider where the relevant provider, linked provider or associated provider, as the case may be, thinks appropriate;

(ii) in the case of a relevant provider, by the relevant provider where the Authority directs it to do so;

(iii) in the case of a linked provider, by the linked provider where the relevant designated awarding body directs it to do so;

(iv) in the case of an associated provider, by the associated provider where the relevant listed awarding body directs it to do so,

and, in the case of a direction under subparagraph (ii), (iii) or (iv), the procedures shall be established in compliance with the direction within such period as the Authority or, as the case may be, the other body giving the direction determines and specifies in the direction in that behalf.”;

and

(e) in subsection (4)(b), by the substitution of “implementation” for “application”.

9. Condition precedent for provisions of Principal Act to be invoked by specified providers - criteria specified in regulations must be met

9. The Principal Act is amended by the insertion of the following sections after section 29:

“Condition precedent for provisions of Act to be invoked by specified providers - criteria specified in regulations to be met

29A. (1) A specified provider, other than a provider referred to in section 65(6), shall demonstrate to the Authority that it meets the criteria specified in regulations under section 29B(1) in any of the following cases, namely:

(a) a case in which the provider invokes, for the first time, any provision of this Act;

(b) a case in which—

(i) the provider who, having invoked (whether before, on or after the operative date) any provision of this Act, subsequently invokes any provision of this Act, and

(ii) the Authority, in its discretion, on that provision being invoked by the provider, requests the provider to demonstrate to the Authority that it meets those criteria;

(c) a case in which the Authority—

(i) takes any action (including by way of review of any matter) authorised or required by this Act to be taken in respect of the provider, and

(ii) for the purpose of such action, in its discretion, requests the provider to demonstrate to the Authority that it meets those criteria,

and—

(i) this section applies notwithstanding any other provision of this Act, and

(ii) subsections (4) and (5) of section 29C supplement this section by requiring the Authority to do (or not to do) one or more things in cases in which a failure to demonstrate that those criteria are met occurs or in which those criteria cease to be met.

(2) For the purposes of this section, a provision of this Act is invoked if—

(a) an application under a provision of this Act, as it relates to the provision by the specified provider concerned of a programme of education and training or otherwise, is made, or

(b) subject to subsection (4), any step, as it relates to the provision by the specified provider concerned of a programme of education and training or otherwise, is taken by the provider on the basis that the conditions specified by or under this Act for the taking of the step are satisfied.

(3) In this section and sections 29B and 29C—

(a) ‘specified provider’ means—

(i) a relevant provider,

(ii) a listed awarding body (so far as it is does not otherwise fall within this definition by virtue of subparagraph (i)), and

(iii) an associated provider, or a linked provider, that offers, for reward, a programme of education and training leading to an award that is an award included within the Framework,

and the reference in this paragraph to a relevant provider includes a reference to a person who will fall within the definition of that expression in section 2(1) on the doing of the one or more things, specified in the relevant paragraph of that definition, the doing of which constitute the person as a relevant provider;

(b) a reference to—

(i) a specified provider demonstrating to the Authority that it meets the criteria specified in regulations under section 29B(1), or

(ii) such a provider meeting, or not meeting, those criteria or ceasing to meet them,

shall, where regulations made under subsection (1) of section 29B provide for what are referred to in subsection (3) of that section as related criteria in respect of a specified provider, be deemed to include a reference to—

(I)a specified provider demonstrating to the Authority that those related criteria are met in respect of it, or

(II)where the context requires, those related criteria being met, not being met or ceasing to be met in respect of it,

as the case may be;

(c) a reference to provision of a programme of education and training or otherwise includes a reference to authorisation to use the international education mark; and

(d) ‘operative date’ means the date of commencement of section 9 of the Qualifications and Quality Assurance (Education and Training) (Amendment) Act 2019.

(4) Subsection (2)(b) does not apply to a provider referred to in subsection (1)(b) where, by reason of its previous invocation (as mentioned in subsection (1)(b)), of a provision of this Act, the conditions specified by or under this Act for the taking of the particular step concerned are satisfied.

Regulations specifying criteria concerning capacity and capability of providers and related criteria

29B. (1) The Minister shall, as soon as practicable after the operative date, make regulations specifying the criteria that (in the case of a specified provider that meets the criteria) will, in the Minister’s opinion, afford a reasonable assurance to the Authority that the specified provider has the capacity and capability to—

(a) implement quality assurance procedures, and

(b) provide programmes of education and training consistent with the requirements of this Act,

and criteria specified in regulations made under this subsection are referred to subsequently in this section as ‘the relevant criteria’.

(2) The relevant criteria may include—

(a) criteria as to the specified provider being a fit and proper person to provide programmes of education and training,