QUALIFICATIONS AND QUALITY ASSURANCE (EDUCATION AND TRAINING) (AMENDMENT) ACT 2019

An Act to amend and extend the Qualifications and Quality Assurance (Education and Training) Act 2012; for that purpose to make fresh provision concerning the means by which an award’s status, with reference to the National Framework of Qualifications, may be established and, to that end, to provide for the establishment of a category of awarding bodies, exclusive of the Qualifications and Quality Assurance Authority of Ireland or certain other persons, which shall be known as “listed awarding bodies”; to provide, as a condition precedent for provisions of that Act to be invoked by providers falling within a certain category (or intending such providers), for a requirement that criteria specified in regulations, to be made by the Minister for Education and Skills, must be met, including criteria for the purpose of affording a reasonable assurance to the foregoing Authority that a foregoing provider has the capacity and capability to provide programmes of education and training consistent with the requirements of that Act; to provide for the establishment of a fund which shall be known as “Protection of Enrolled Learners Fund”, into which an annual charge by certain providers must be paid and from which moneys may, in cases of default in delivery of certain programmes, be paid so to enable enrolled learners complete the programme concerned or so as to be used for certain other purposes; to make further provision regarding authorisation to use the international education mark; to add to the cases in which a provider may be authorised to describe itself as a “university” and, for that purpose, to amend the Universities Act 1997; and to provide for related matters.

[23rd July, 2019]

Be it enacted by the Oireachtas as follows:

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,

  • (b) criteria related to the possession of a particular legal personality by the specified provider, the possession by it of adequate financial resources to ensure the viability of its business and the securing by it of arrangements to ensure its good corporate governance, and

  • (c) criteria related to the compliance by the specified provider with any enactment or instrument under an enactment (including any enactment or such an instrument passed or made after the operative date) imposing obligations on employers with respect to their employees or making provision in relation to any such obligations.

• (3) With prejudice to subsection (2)(a), the relevant criteria, in the case of a specified provider that is a body corporate or an unincorporated body of persons, may include the following related criteria in respect of it, that is to say criteria as to every person who falls in the description contained in paragraph (a) or (b) (in his or her capacity as described therein) being a fit and proper person, namely:

  • (a) a director of the provider or other person holding a position on its board of management or, where the affairs of the provider are managed by its members, each member of it;

  • (b) a person employed by the provider whose duties include making decisions that, to a significant extent, could affect the management of the provider.

• (4) A specified provider may request, in writing, the Authority to make a determination as to whether or not, at the date of the request, the provider meets the relevant criteria and a request under this subsection shall be accompanied by the payment by the requester of such fee (if any) as may be determined by the Authority under section 80.

• (5) As soon as may be after the making of a request under and in accordance with subsection (4), the Authority shall consider the request and, for that purpose, may require the requester to submit to it such information and documents as it may reasonably require; on completion of its consideration of the request the Authority shall make a determination as to whether or not, at the date concerned, the requester meets the relevant criteria and shall notify the requester of the determination.

• (6) A provider who knowingly makes to the Authority, on foot of a requirement made of it by the Authority under subsection (5), a statement which is false or misleading in a material respect commits an offence.

• (7) Nothing in this section or section 29C shall be construed as being applicable to a provider specified in section 65(6).

Supplemental provisions in relation to sections 29A and 29B (including provision for refusals of applications, etc., where relevant criteria not shown to be met)

29C. (1) In this section ‘relevant criteria’ means criteria specified in regulations made under section 29B(1).

• (2) Where a material change occurs in relation to a specified provider that could reasonably be said to affect its ability to continue to meet the relevant criteria, the provider shall notify the Authority immediately of the change.

• (3) Without prejudice to section 29B(4), the Authority may, at any time, require a specified provider to demonstrate that it continues to meet the relevant criteria.

• (4) If, by virtue of section 29A(1), a requirement to demonstrate that the relevant criteria are met falls on a specified provider in consequence of an application that the provider has made under this Act, and, in the opinion of the Authority, the provider has failed to demonstrate that the provider meets those criteria, the Authority shall refuse the application and the provision that is made by this Act for an appeal to be taken where an application of the type concerned is refused on any ground specified in the provision shall be construed and operate so as to enable the provider to appeal, under that provision, the first mentioned refusal.

• (5) If, in the opinion of the Authority, a specified provider has ceased to meet the relevant criteria, the Authority shall withdraw—

  • (a) its approval, in respect of the provider, of the procedures established under section 28,

  • (b) validation of any programmes of education and training of the specified provider which the Authority has validated under section 45,

  • (c) any authority to make awards delegated to the specified provider under section 53, and

  • (d) authorisation to use the international education mark where the specified provider is authorised to use the international education mark under section 61.

• (6) However the steps that this Act requires be first taken where a withdrawal, under another provision of this Act, of approval, validation or other such matter in respect of a foregoing thing is proposed to be effected shall, also, be first taken where such a withdrawal under subsection (5) in respect of the thing concerned is proposed to be effected.

• (7) The provision that is made by this Act for an appeal to be taken where an approval, validation or other such matter is withdrawn in respect of a foregoing thing, on any ground specified in that provision, shall be construed and operate so as to enable the specified provider to appeal, under that provision, such a withdrawal under subsection (5) in respect of the thing concerned.”.

10. Amendment of section 30 of Principal Act (Quality assurance procedures and relevant providers, other than previously established universities)

10. Section 30 of the Principal Act is amended—

• (a) by the substitution of the following subsections for subsection (1):

• “(1) Before establishing procedures under section 28 (being the first occasion of the relevant provider establishing such procedures) a relevant provider shall submit a draft of the proposed procedures to the Authority for approval, accompanied by such fee (if any) as may be determined by the Authority under section 80, but this subsection does not apply to a previously established university.

• (1A) Where a relevant provider has established procedures under section 28 (being the first occasion of such procedures having been established by it), procedures that, subsequent to that occasion, are proposed to be established by it under that section do not require approval under this section. However, the Authority may evaluate any subsequent such procedures with respect to their suitability in the course of considering or conducting, as appropriate—

  • (a) an application for validation of a programme of education and training under section 44(5),

  • (b) a review of a programme of education and training under section 46,

  • (c) a request for delegation of authority to make an award under section 52,

  • (d) an application for authorisation to use the international education mark under section 61(3), or

  • (e) a review under section 34.”,

and

• (b) by the insertion of the following subsection after subsection (8):

• “(9) The Authority may impose conditions, in relation to quality assurance, on a relevant provider whose procedures it has approved under this section and the provider shall comply with those conditions.”.

11. Amendment of section 34 of Principal Act (Review by Authority of quality assurance procedures of relevant providers)

11. Section 34 of the Principal Act is amended by the insertion of the following subsection after subsection (4):

• “(4A) The Authority shall consult with Solas in carrying out a review under subsection (1) where—

  • (a) that review relates to a relevant provider, and

  • (b) that relevant provider is an education and training board or other body 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.”.

12. Amendment of section 36 of Principal Act (Withdrawal by Authority of approval of quality assurance procedures)

12. Section 36 of the Principal Act is amended by the insertion of the following subsection after subsection (5):

• “(5A) A relevant provider may, in relation to quality assurance procedures that have been established by it and which stand approved by the Authority, give notice in writing to the Authority that it no longer wishes those procedures to stand approved by the Authority; on receipt of such a notice, the Authority may withdraw its approval of those procedures, without the need for a review, by notice in writing addressed to the provider.”.

13. Amendment of section 42 of Principal Act (Quality reviews by Authority)

13. Section 42 of the Principal Act is amended by the insertion of the following subsection after subsection (2):

• “(2A) The Authority shall consult with Solas in carrying out a review under subsection (1) where—

  • (a) that review relates to a relevant provider, and

  • (b) that relevant provider is an education and training board or other body 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.”.

14. Amendment of section 43 of Principal Act (Framework of qualifications)

14. Section 43 of the Principal Act is amended—

• (a) in subsection (2), by the substitution of the following paragraphs for paragraphs (a) and (b):

• “(a) review and further develop the policies and criteria on which the Framework is based,

• (b) promote, maintain, further develop and implement the Framework as a system—

  • (i) of levels and types of awards based on standards of knowledge, skill or competence to be acquired by a learner to entitle the learner to an award at a particular level, and of the type concerned, within the Framework, and

  • (ii) for the development, recognition and award of qualifications in the State,”,

• (b) by the insertion of the following subsection after subsection (2):

• “(2A) Sections 55A to 55I make provision for the process by which an award acquires the status of being an award that is included within the Framework.”,

• (c) by the substitution of the following subsections for subsections (3) to (5):

• “(3) Each designated awarding body and listed awarding body, shall, in respect of each award that the body makes that is an award included within the Framework:

  • (a) take such steps (whether by way of co-operation or consultation with the Authority or otherwise) as will facilitate the performance by the Authority of its functions in so far as those functions relate to awards included within the Framework (referred to in paragraph (b) as ‘relevant functions’);

  • (b) provide to the Authority such information as the Authority may from time to time require for the performance by it of relevant functions.

• (4) Each designated awarding body shall ensure, in so far as is reasonably practicable, that each award that it makes is an award that is included within the Framework.

• (5) Each—

  • (a) designated awarding body,

  • (b) provider to whom the Authority has delegated authority to make awards, and

  • (c) body that makes an award under the Education Act 1998 that stands specified by the Minister to be an award that falls within this paragraph,

  shall cooperate with the Authority in the implementation of policies and criteria established under section 55E(1)(b).

• (6) Each designated awarding body and each listed awarding body shall, in respect of each award the body makes that is an award included within the Framework, ensure that a learner acquires the standard of knowledge, skill or competence associated with the level of that award within the Framework before and when the award is made.

• (7) Subsection (8) applies to each provider of a programme of education and training, being a programme that leads to an award that is an award included within the Framework.

• (8) In respect of each such programme, its provider shall ensure that an enrolled learner acquires the standard of knowledge, skill or competence associated with the level of the award concerned within the Framework before the award is made.”.

15. New section 43A of Principal Act - offence to provide or advertise cheating services

15. The Principal Act is amended by the insertion of the following section after section 43:

“Offence to provide or advertise cheating services

43A. (1) A person who does any of the acts specified in subsection (2) commits an offence.

• (2) Each of the following is an act referred to in subsection (1):

  • (a) undertaking in whole or in part, in the enrolled learner’s stead, an assignment or any other work that an enrolled learner is required to undertake as part of a programme, without authorisation from the person making the requirement;

  • (b) sitting an examination that an enrolled learner is required to sit as part of a programme, in the enrolled learner’s stead, or providing another person to sit the examination in place of the enrolled learner, without authorisation from the person setting the examination;

  • (c) during the course of an examination that an enrolled learner is required to undertake as part of a programme, either—

    • (i) providing to the enrolled learner, or

    • (ii) arranging the provision, to him or her, of,

    answers for the examination, without authorisation from the person setting the examination.

• (3) A person who does either of the acts specified in subsection (4) with the intention of giving an enrolled learner an unfair advantage over other similarly enrolled learners commits an offence.

• (4) Each of the following is an act referred to in subsection (3):

  • (a) providing or arranging the provision of an assignment that an enrolled learner is required to undertake as part of a programme, without authorisation from the person making the requirement;

  • (b) at any time before the beginning of an examination that an enrolled learner is required to undertake as part of a programme, either—

    • (i) providing to the enrolled learner, or

    • (ii) arranging the provision, to him or her, of,

    answers for the examination, without authorisation from the person setting the examination.

• (5) A person commits an offence if the person advertises that the person will perform—

  • (a) any service consisting of the doing of any act specified in subsection (2), or

  • (b) any service consisting of the doing of either act specified in subsection (4) knowing that the service has or would have the effect of giving an enrolled learner an unfair advantage over other similarly enrolled learners.

• (6) A person commits an offence who publishes—

  • (a) an advertisement for any service consisting of the doing of any act specified in subsection (2), or

  • (b) an advertisement for any service consisting of the doing of either act specified in subsection (4) knowing that the service has or would have the effect of giving an enrolled learner an unfair advantage over other similarly enrolled learners.

• (7) In this section ‘programme’ does not include post-primary schooling leading to the sitting of the Junior Certificate or Leaving Certificate examination or any examination prescribed under section 50(2) of the Education Act 1998.”.

16. Amendment of section 44 of Principal Act (Application for validation of programme of education and training)

16. Section 44 of the Principal Act is amended:

• (a) in subsection (7) —

• (i) in paragraph (a), by the insertion, after “section 28”, of “and those procedures address the programme for which validation is sought”, and

• (ii) by the deletion of paragraph (c),

• (b) in subsection (9) —

• (i) by the substitution of the following paragraph for paragraph (a):

• “(a) each Institute of Technology, in relation to programmes leading to doctoral degrees included within the Framework,”,

• (ii) by the insertion of the following paragraph after paragraph (g):

• “(h) an education and training board,”,

and

• (iii) by the substitution of “that provider or, in the case of programmes referred to in paragraph (a), each such programme of the Institute of Technology concerned.” for “that provider.”.

17. Amendment of section 45 of Principal Act (Determination of application for validation of programme of education and training)

17. Section 45 of the Principal Act is amended:

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

• “(1A) A validation under subsection (1) of a programme of education and training shall have effect for such period as the Authority determines and specifies in the validation, but subsection (1B) applies so as to provide that, in the circumstances specified in that subsection and in relation to the learner there referred to, a programme of education and training shall, for the purposes of this Act, be deemed to be validated notwithstanding the fact that the foregoing period has expired.

• (1B) In circumstances in which a learner—

  • (a) is enrolled on a programme of education and training before the expiry of the period specified, under subsection (1A), in the validation with respect to that programme, and

  • (b) completes, in accordance with its terms, that programme after that expiry,

  that programme shall, in relation to that learner, be deemed to be validated for the purposes of this Act notwithstanding the expiry of the period so specified.”,

and

• (b) in subsection (3)(c), by the deletion of “in respect of arrangements for the protection of enrolled learners”.

18. Amendment of section 47 of Principal Act (Withdrawal of programme validation)

18. Section 47 of the Principal Act is amended by the insertion of the following subsections after subsection (5):

• “(6) The Authority may, by notice in writing addressed to the provider of the programme, withdraw its validation of a programme, without the need for a review, in any of the following cases:

  • (a) the provider has given notice in writing to the Authority that it no longer wishes to provide the programme for whatever reason;

  • (b) the provider has not offered the programme for a period of at least 2 years, from the date of the programme’s validation;

  • (c) no learner has been enrolled on the programme for at least 2 years;

  • (d) the Authority and the provider agree to the withdrawal of the validation.

• (7) A notice under subsection (6) shall state the reasons for the withdrawal referred to in that subsection.

• (8) Where the Authority withdraws its validation of a programme of education and training under subsection (6)(b) or (c), the provider concerned may appeal against that withdrawal to the Appeals Panel.”.

19. Amendment of section 48 of Principal Act (Arrangement between providers and awarding bodies other than the Authority)

19. Section 48 of the Principal Act is amended—

• (a) in subsection (1)(b), by the substitution of “an award included within the Framework” for “recognised within the Framework”, and

• (b) by the insertion of the following subsection after subsection (2):

• “(3) For the period of 5 years from the commencement of section 23 of the Qualifications and Quality Assurance (Education and Training) (Amendment) Act 2019, paragraph (b) of subsection (1) shall not apply to an arrangement referred to in that subsection if the arrangement has been entered into before the commencement of that section 23.”.

20. Amendment of section 50 of Principal Act (Making of an award)

20. Section 50 of the Principal Act is amended:

• (a) by the substitution of the following subsection for subsection (3):

• “(3) The Authority shall, on the application of a relevant provider, and in accordance with the policies and criteria established under subsection (1), and having regard to the procedures established by the provider under section 56(2), make an award to a learner where the learner has, in the opinion of the provider, acquired, and where appropriate, demonstrated, the appropriate standard of knowledge, skill or competence as determined by the Authority under section 49(1).”;

and

• (b) by the deletion of subsection (7).

21. Amendment of section 52 of Principal Act (Request by provider for delegation of authority to make award)

21. Section 52 of the Principal Act is amended:

• (a) in subsection (1), by the insertion of “and the suitability of the quality assurance procedures established by the provider under section 28” after “the request”;

• (b) in subsection (2), by the substitution of the following paragraph for paragraph (a):

• “(a) an Institute of Technology, in relation to programmes leading to doctoral degrees included within the Framework;”;

• (c) in subsection (3) —

• (i) by the substitution of the following paragraph for paragraph (a):

• “(a) the provider has established procedures for quality assurance under section 28 that will address, in a manner that is appropriate, the delegation of authority that is to be requested and the programmes related to it,”,

and

• (ii) by the deletion of paragraph (c);

• (d) in subsection (11) —

• (i) by the deletion of “either or both”, and

• (ii) by the substitution of the following paragraphs for paragraphs (a) and (b):

• “(a) either or both—

  • (i) programmes which lead to awards that are awards included within the Framework or included at—

    • (I) a specific level within, or

    • (II) levels falling in a specific range within,

    the Framework,

  • (ii) programmes in a particular subject area included within the Framework (whether included within it at a specific level or at levels as described in subparagraph (i)(II)),

• (b) any other grouping (by reference to such matters as the Authority considers appropriate) of programmes that the Authority deems to be necessary or expedient.”.

22. Amendment of section 53 of Principal Act (Determination of request for delegation of authority to make award)

22. Section 53 of the Principal Act is amended, in subsection (4)(a)(iii), by the deletion of “in respect of arrangements for the protection of enrolled learners”.

23. New sections 55A to 55I of Principal Act - awards included within Framework (process by which awards acquire such status)

23. The Principal Act is amended by the insertion of the following sections after section 55: