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

“Sections 55A to 55I (Interpretation)

55A.(1) In sections 55B to 55I—

• (a) ‘listed awarding body’ means an awarding body whose name, for the time being, appears in the list of awarding bodies;

• (b) ‘list of awarding bodies’ shall be construed in accordance with section 55C(3) ;

• (c) ‘operative date’ means the date of commencement of section 23 of the Qualifications and Quality Assurance (Education and Training) (Amendment) Act 2019;

• (d) a reference to an affirmative decision made, or that will be made, under section 55D, in relation to an award, is a reference to a decision made, or that will be made, under that section that it is appropriate that the award be regarded as one that is included within the Framework.

• (2) The power of the Authority, under any of sections 55B to 55I, to make decisions in relation to awards (including where the context is of a decision, under section 55C(5), in relation to an awarding body with reference to awards) is a power that is exercisable in relation to awards generally (of the specific type or class concerned) as distinct from being a power exercisable in relation to the individual instances of the award being made to a person.

Awards included within Framework (process by which awards acquire such status)

55B. (1) For the purposes of this Act, an award shall be regarded as an ‘award that is included within the Framework’ if, in accordance with sections 55C and 55D, the Authority makes the following decisions in that behalf, namely—

- (a) firstly - with respect to the body that will make the particular award, and on the assumption that the decision referred to in paragraph (b) with respect to that award will be an affirmative decision - a decision, under section 55C(5), that it is an appropriate body, with reference to the particular award, to make such an award, and

- (b) following the making of that decision - a decision under section 55D that it is appropriate that the particular award be regarded as one that is included within the Framework,

  but this is subject to subsections (2) to (4) and sections 55D(7) and 55I.

• (2) Subsection (1)(a) does not apply to an award that is made by—

  • (a) the Authority,

  • (b) a designated awarding body,

  • (c) a provider to whom the Authority has delegated authority to make awards, or

  • (d) a 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,

  and, accordingly, with respect to an award to be made by the Authority or by any foregoing body or provider and without prejudice to subsection (3), an affirmative decision under section 55D suffices for the award to be regarded, for the purposes of this Act, as an award that is included within the Framework.

• (3) In respect of an award made by a designated awarding body, such an award shall, without the need for the making of a decision under section 55D, be regarded as an award that is included within the Framework if—

  • (a) arrangements of the kind referred to in subsection (4) have been put in place by the designated awarding body and the Authority, and

  • (b) on foot of those arrangements, the Authority—

    • (i) expresses its agreement with the view, concerning that award, of the designated awarding body referred to in paragraph (a) of subsection (4), and

    • (ii) notifies the body, in writing, to that effect,

    and an award, the subject of such a notification, is referred to subsequently in this Act as a ‘section 55B(3) award’.

• (4) The arrangements referred to in subsection (3) are arrangements that consist of the following 2 procedures—

  • (a) a procedure under which, following its forming such a view in relation to an award it makes, a designated awarding body may, by notice in writing served on the Authority, state that the body is of the view it is appropriate that the award be regarded as an award that is included within the Framework, and

  • (b) a procedure under which the Authority may—

    • (i) having had regard to the view of the body expressed in that notice, and

    • (ii) having consulted with the body,

    express the agreement of the Authority with that view.

• (5) Notwithstanding that a section 55B(3) award has not been preceded by the making of a decision by the Authority under section 55D in relation to it, a section 55B(3) award shall for the purposes, and the purposes only, of subsections (6) to (8) of section 55D (and the relevant provisions of sections 55I and 80 referred to in those subsections) be deemed to have been the subject of an affirmative decision made under section 55D.

Listing of an awarding body - decision as to whether it is appropriate that such a body make a particular award and related matters

55C. (1) The purpose for which provision for—

- (a) the establishment of the category next referred to in this section, and

- (b) the procedures for the listing of awarding bodies,

  is made by this section is so that an award, being an award—

    - (i) the subject of an affirmative decision under section 55D, and

    - (ii) made by an awarding body whose name appears in the list of awarding bodies,

      is, for the purposes of this Act, an award included within the Framework.

• (2) On the completion of the steps specified in subsection (3), there shall stand established under this Act a category of awarding bodies, exclusive of the Authority or a body or provider referred to in section 55B(2), and the category so established shall be known, and is in this Act referred to, as ‘listed awarding bodies’.

• (3) As soon as practicable after the operative date, the Authority shall prepare, maintain and publish a list which shall be known, and is in this Act referred to, as the ‘list of awarding bodies’.

• (4) There shall be included in the foregoing list the name of each awarding body (other than the Authority or a body or provider referred to in section 55B(2))—

  • (a) that makes an application to the Authority for the inclusion by the Authority of its name in the list with reference to one, or more than one award, proposed to be made by it, and

  • (b) the inclusion of whose name in the list, on foot of such an application, is acceded to by the Authority following a decision under subsection (5) by the Authority that the awarding body is an appropriate body, with reference to that award, to make such an award.

• (5) Following receipt of the foregoing application and subject to subsections (6) and (7), the Authority shall make a decision as to whether the applicant awarding body is an appropriate body, with reference to the award concerned, to make such an award.

• (6) For the purpose of its making a decision under subsection (5) and that purpose only, the Authority shall proceed on the assumption that an affirmative decision will be made under section 55D in relation to the award referred to in subsection (4)(b).

• (7) For the purpose of its making a decision under subsection (5), the Authority shall have regard to the policies and criteria established under section 55E(1)(a).

• (8) A reference in subsection (4) to the inclusion by the Authority of a name in the list of awarding bodies includes a reference to the Authority’s accepting a name for inclusion in that list (following a decision under subsection (5) that the body concerned is an appropriate body as there referred to) pending completion by it of the steps under subsection (3) which lead to that list’s preparation.

• (9) An application under subsection (4) shall be accompanied by such fee (if any) as may be determined by the Authority under section 80.

• (10) The Authority shall establish procedures that are to be followed by it in making a decision under subsection (5).

• (11) If the Authority decides to refuse an application made by an awarding body under subsection (4)(a), the awarding body may appeal against that decision to the Appeals Panel.

• (12) The Authority shall publish procedures established under subsection (10) in such form and manner as it thinks appropriate (including on the internet).

Decision that award is an appropriate one to be included in Framework

55D. (1) On an application in that behalf by the awarding body that intends to make the particular award, whether—

- (a) a listed awarding body,

- (b) save where the award concerned of such a body is a section 55B(3) award, a designated awarding body, or

- (c) a body or provider referred to in section 55B(2)(c) or (d),

  the Authority shall make a decision as to whether it is appropriate that the award be regarded as one that is included within the Framework.

• (2) Save where, in the case of a particular class of award, the making of a decision as to its status (by reference to the Framework) is, in the opinion of the Authority, unnecessary, the Authority shall make a decision as to whether it is appropriate that an award of the Authority be regarded as one that is included within the Framework.

• (3) In making a decision under this section, the Authority shall have regard to the policies and criteria established under section 55E(1)(b).

• (4) An application under subsection (1) shall be accompanied by such fee (if any) as may be determined by the Authority under section 80.

• (5) If the Authority decides to refuse an application made by an awarding body under subsection (1), the awarding body may appeal against that decision to the Appeals Panel.

• (6) If the Authority makes an affirmative decision under this section with respect to an award of a listed awarding body or a body or provider referred to in section 55B(2)(b), (c) or (d), the awarding body concerned shall pay to the Authority—

  • (a) within one month of the date of the decision, in consideration of the benefit that is conferred by reason of that decision, such fee (if any) as may be determined by the Authority under section 80, and which benefit is referred to in that section as the ‘benefit of a decision under section 55D’, and

  • (b) within one month of each anniversary of the date of the decision, in consideration of the benefit that continues to be conferred by reason of that decision, such fee (if any) as may be determined by the Authority under section 80, and which benefit is referred to in that section as the ‘continuing benefit of a decision under section 55D’,

  but paragraph (b) does not apply if, on or before the anniversary referred to in that paragraph or during the month following it, the award concerned has ceased, by virtue of section 55I(1), to be regarded for the purposes of this Act as an award that is included within the Framework.

• (7) If default is made by an awarding body in complying with subsection (6), then unless the Authority determines that the period for the payment of the fee concerned ought to be extended (and extends the period accordingly and the fee is paid to it within that extended period), the award of the awarding body shall, from such date as the Authority specifies, not be regarded, for the purposes of this Act, as an award that is included within the Framework.

• (8) Where, under subsection (7), an award ceases to be regarded, for the purposes of this Act, as an award that is included within the Framework, subsection (2) of section 55I shall apply as it applies in the case of subsection (1) of that section but with the substitution of references to the making of default in compliance (by the awarding body) with subsection (6) of this section for references to the deletion of the awarding body’s name from the list of awarding bodies.

Policies and criteria for making decisions under sections 55C(5) and 55D

55E.(1) As soon as practicable after the operative date, the Authority shall establish policies and criteria to which regard shall be had by the Authority in making—

- (a) a decision under section 55C(5), and

- (b) a decision under section 55D.

• (2) The Authority shall publish the policies and criteria established under subsection (1) in such form and manner as it thinks appropriate (including on the internet).

• (3) The reference in subsection (1) to policies and criteria, so far as that subsection relates to a decision under section 55C(5), shall be deemed to include a reference to minimum requirements, that is to say requirements that must first be fulfilled before the Authority may make a decision under section 55C(5) that the relevant awarding body is an appropriate body, with reference to a particular award, to make such an award.

• (4) A requirement of the kind referred to in subsection (3) may include a requirement that the making of an application, under section 55C(4)(a), by an awarding body has been endorsed by a public authority of such class as is specified by the Authority in the requirement, and, for the purposes of this subsection, ‘public authority’ includes the Minister, any other Minister of the Government, An tÚdarás um Ard-Oideachas, Solas, a professional recognition body and a designated awarding body.

• (5) The Authority may establish different policies and criteria under subsection (1)(b) in respect of different awards.

• (6) Subsection (7) applies so far as the number of awards that, for the time being, stand included within the Framework is attributable to the policies and criteria established under subsection (1)(b).

• (7) The Authority shall, in establishing policies and criteria under subsection (1)(b), have regard to the need to ensure:

  • (a) that the number of awards included within the Framework provides a reasonable level of choice for learners; and

  • (b) that the number of awards included within the Framework that are awards with similar learning outcomes is not excessive.

• (8) In addition to what is provided in subsection (7), the Authority shall, in establishing policies and criteria under subsection (1)(b), have regard to:

  • (a) the reasonable requirements of learners;

  • (b) the reasonable requirements of industry, agriculture, business, tourism and trade, the professions and the public service;

  • (c) the extent to which present and past awards in the State serve or served their educational purpose and the needs of the economy;

  • (d) any consultation, concerning the education and training needs of learners, engaged in by it with—

    • (i) bodies with responsibility for managing the provision of education and training that is funded by the Exchequer, and

    • (ii) bodies that regulate one or more professions;

    and

  • (e) such aspects of Government policy as the Minister may specify for the purposes of this paragraph.

• (9) The Authority may consult with another public body, including a public body that is established outside the State, where it considers that it is appropriate to do so for the efficient and effective operation of policies and criteria established under subsection (1).

• (10) The Authority shall, within 5 years after the establishment of policies and criteria under subsection (1) and at least once in every period of 5 years thereafter, review those policies and criteria.

Duties of listed awarding bodies

55F. (1) In this section ‘associated provider’ means a provider, having a place of business in the State, that enters into an arrangement with a listed awarding body under which arrangement the provider provides a programme of education and training that satisfies all of the prerequisites for an award of the listed awarding body that is included within the Framework.

• (2) A listed awarding body shall establish procedures for the quality assurance of its awards and for the external quality assurance of providers who, in relation to it, are associated providers.

• (3) The Authority may give one, or more than one, direction to a listed awarding body requiring the body to impose on a provider, who, in relation to the listed awarding body, is an associated provider, obligations to which subsection (4) applies, and obligations, so imposed, shall be complied with by the provider accordingly.

• (4) This subsection applies to obligations (which shall be specified in the direction concerned under subsection (3))—

  • (a) the imposition of which, in the opinion of the Authority, is necessary or expedient, and

  • (b) that are to apply to, or in respect of, the provider’s activities as an associated provider in relation to the awarding body.

• (5) Without prejudice to the generality of subsection (4), the obligations to which that subsection applies include obligations with respect to the employment of—

  • (a) procedures for access, transfer and progression of learners,

  • (b) procedures for quality assurance, and

  • (c) procedures, which are fair and consistent, for the assessment of enrolled learners to ensure the standards of knowledge, skill or competence determined by the awarding body concerned (before awards that are included within the Framework are made by that body) are acquired and, where appropriate, demonstrated, by enrolled learners.

• (6) For the purposes of the compliance by an associated provider with the obligation referred to in paragraph (a) of subsection (5) to employ the procedures referred to in that paragraph, the associated provider shall have regard to the policies and criteria established by the Authority under subsection (1) of section 56 if that subsection would otherwise not apply.

• (7) A listed awarding body shall—

  • (a) co-operate with the Authority in the performance of the Authority’s functions in so far as those functions relate to the inclusion of awards within the Framework,

  • (b) monitor compliance by an associated provider, on whom it has imposed obligations pursuant to a direction under subsection (3), with those obligations,

  • (c) review from time to time, and not less than once every 5 years, or at any time upon the request of the Authority, compliance by such an associated provider with the foregoing obligations,

  • (d) if such an associated provider has failed in a material respect to comply with any of the foregoing obligations, discontinue (after having afforded the provider a reasonable opportunity to make representations in writing that the grounds for such discontinuance do not exist in the particular case) any arrangement that exists between it and the associated provider under which arrangement the provider provides a programme referred to in subsection (1),

  • (e) provide to the Authority such information as the Authority may from time to time require for purposes of the performance of its functions in relation to awards included within the Framework, and

  • (f) comply with any condition that the Authority imposes, by notice in writing given to the body, on the awarding body concerned, being a condition the imposition of which the Authority considers to be necessary or expedient so as to maintain the integrity and standing of the Framework.

• (8) Without prejudice to the generality of paragraph (e) of subsection (7), the information that the Authority may require to be provided under that paragraph includes—

  • (a) particulars of providers who, in relation to the listed awarding body concerned, are associated providers,

  • (b) particulars of programmes of education and training validated by the Authority or otherwise included within the Framework that lead to awards of the listed awarding body concerned that are included within the Framework,

  • (c) any report prepared by the listed awarding body concerned on foot of a review carried out by it with respect to the provision of programmes of education and training that lead to awards of the body that are included within the Framework, and

  • (d) numbers of awards made by the listed awarding body concerned that are included within the Framework.

• (9) An awarding body that is not a listed awarding body but which claims or represents that it is such an awarding body commits an offence.

Review of listed awarding bodies

55G. (1) The Authority shall—

- (a) at least once every 7 years, and

- (b) from time to time as the Authority thinks appropriate,

  review the operation and management of each listed awarding body in so far as that operation and management relates to—

    - (i) awards of the listed awarding body that are included within the Framework,

    - (ii) the listed awarding body’s implementation of the procedures established by it under section 55F(2), and

    - (iii) the fulfilment by the listed awarding body of its duties under section 55F(7)(b) and (c).

• (2) The Authority shall establish and publish in such form and manner as it thinks appropriate (including on the internet) procedures and criteria for conducting reviews under subsection (1).

• (3) A listed awarding body subject to review under subsection (1) shall pay to the Authority within one month of the completion of the review such fee (if any) as may be determined by the Authority under section 80.

• (4) In conducting a review under subsection (1), the Authority may have regard to any other review conducted under this Act.

• (5) The Authority shall prepare a report setting out the results of a review conducted under subsection (1).

• (6) The Authority shall provide a copy of the report under subsection (5) to the awarding body concerned and, in providing the report to it, the Authority shall state to the awarding body that it may, within one month from the provision of the report to it, submit observations in writing to the Authority in relation to the report, and the awarding body may submit such observations accordingly.

• (7) After consideration of any observations submitted to it in accordance with subsection (6), the Authority may make any amendments to the report that the Authority considers appropriate. If such amendments are made to it, a copy of the report, as so amended, shall be provided by the Authority to the awarding body concerned.

• (8) The Authority shall publish the report prepared under subsection (5), or, if it has been amended under subsection (7), the report as amended under the latter subsection, in such form and manner as the Authority thinks appropriate (including on the internet).

• (9) Where, following a review under this section, the Authority gives a notice under section 55H(4) to the awarding body concerned, then subsections (6), (7) and (8) shall not apply in that particular case.

• (10) Where—

  • (a) a listed awarding body is a body established under the law of a state, other than the State, and

  • (b) apart from the provision made by this Act for the Authority to exercise powers in relation to it, that awarding body is subject to regulation or quality assurance by an agency established outside the State,

  the Authority may, for the purpose of conducting a review under subsection (1) in respect of that awarding body, cooperate with that agency.

  Withdrawal or variation of listing of awarding bodies

  55H. (1) Where, following a review under section 55G in respect of a listed awarding body, the Authority is of the opinion that, on any of the grounds specified in subsection (3), either—

  • (a) it is no longer appropriate that the awarding body’s name stand included in the list of awarding bodies with reference (as the Authority considers appropriate) either—

    • (i) to each of the one or more awards as respects which the body’s name had been included in that list (a ‘whole deletion’), or

    • (ii) to such one or more (as the Authority specifies), but not all, of those awards (a ‘partial deletion’),

    or

  • (b) the conditions for the time being imposed on the awarding body under section 55F(7)(f) ought to be varied,

  then, subject to the provisions of this section, the powers specified in subsection (2) may be exercised by the Authority.

• (2) The powers referred to in subsection (1) are—

  • (a) to delete from the list of awarding bodies the name, whether by way of a whole deletion or, as the Authority considers appropriate, by way of a partial deletion, of the awarding body concerned, or

  • (b) to vary the conditions for the time being imposed on the awarding body concerned under section 55F(7)(f).

• (3) The grounds referred to in subsection (1) are—

  • (a) having regard to the policies and criteria established under section 55E(1)(a), it is appropriate that the name of the awarding body concerned no longer stand included, whether by way of a whole deletion or by way of a partial deletion, in the list of awarding bodies or that, as respects the conditions for the time being imposed on the awarding body concerned under section 55F(7)(f), those conditions ought to be varied,

  • (b) the awarding body concerned has failed to comply with one or more of the conditions imposed on it under section 55F(7)(f), or

  • (c) other circumstances exist in respect of the awarding body concerned that the Authority considers provide a reasonable justification for the exercise by it of either of the powers specified in subsection (2) in relation to that body,

  and this section shall be construed so that the existence of the ground specified in paragraph (b), as with that specified in paragraph (a) or (c), enables the exercise by the Authority of either of the powers specified in subsection (2) in relation to the body concerned.

• (4) If the Authority proposes to exercise either of the powers specified in subsection (2) in relation to a listed awarding body, the Authority shall, by notice in writing, inform the awarding body that the Authority proposes to delete from the list of awarding bodies its name, whether by way of a whole deletion or by way of a partial deletion and, in the case of the latter, specifying the awards to which it is proposed the deletion will apply, or, as the case may be, to vary, in specified respects, the conditions that stand imposed on it under section 55F(7)(f), and the notice shall state the reasons for the proposed course of action and be accompanied by a copy of the report prepared under section 55G(5).

• (5) A notice under subsection (4) shall state that the awarding body may submit observations in writing to the Authority in relation to the proposed course of action specified in the notice or in relation to the report that accompanies the notice, not later than one month from the service of the notice on the awarding body, and the awarding body may submit such observations accordingly.

• (6) Where after consideration of any observations submitted to it in accordance with subsection (5) —

  • (a) the Authority is still of the opinion referred to in subsection (1)(a) or (b), it may, by notice in writing addressed to the awarding body—

    • (i) delete from the list of awarding bodies the awarding body’s name, whether by way of a whole deletion or, as the case may be, by way of a partial deletion (being the partial deletion as notified to that body under subsection (4)), or

    • (ii) vary, in particular respects, the conditions that stand imposed on the awarding body under section 55F(7)(f),

    or

  • (b) in a case in which the original opinion was that referred to in subsection (1)(a) and the Authority is now of the opinion that the awarding body’s name should be deleted from the list of awarding bodies by way of—

    • (i) a partial deletion (rather than by way of a whole deletion), or

    • (ii) a partial deletion as respects a lesser number of awards than had been notified to that body under subsection (4),

    it may, by notice in writing addressed to the awarding body, delete from that list the body’s name by way of a partial deletion consonant with what is described in subparagraph (i) or, as the case may be, subparagraph (ii),

    and that deletion (of whatever kind) or variation shall be expressed to take effect from such date (not being earlier than the date of service of the notice) as the Authority considers appropriate and specifies in the notice.

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

• (8) After consideration of any observations submitted to it in accordance with subsection (5), the Authority may make any amendments to the report prepared under section 55G(5) that the Authority considers appropriate. If such amendments are made to it, a copy of the report, as so amended, shall be provided by the Authority to the awarding body concerned.

• (9) The Authority shall publish the report prepared under section 55G(5), or, if it has been amended under subsection (8), the report as amended under that subsection, in such form and manner as the Authority thinks appropriate (including on the internet).

• (10) The awarding body concerned may appeal to the Appeals Board against the deletion, under this section, of its name (whether by way of a whole deletion or by way of a partial deletion) from the list of awarding bodies or the variation, under this section, of the conditions that stand imposed on it under section 55F(7)(f).

Effect of deletion of awarding body’s name from list

55I. (1) Notwithstanding the fact of an affirmative decision having been made under section 55D in respect of the award concerned, if the name of an awarding body is deleted, under section 55H(6), (in whatever of the ways there provided) from the list of awarding bodies, any award of that body made after that deletion shall, for the purposes of this Act, not be regarded as an award that is included within the Framework, but this is subject to subsections (2) and (3).

• (2) If the name of the awarding body concerned has been deleted, under subsection (6) of section 55H, by way of what is referred to in that subsection (in whatever provision of it) as a ‘partial deletion’, then subsection (1) shall not have effect in relation to any award as respects which that partial deletion does not apply.

• (3) Without prejudice to subsection (2), if an award is made by an awarding body, after the deletion of its name as referred to in subsection (1), to a person whose enrolment on the programme of education and training that led to the making of the award occurred before the foregoing deletion, then that award, with respect to that person, shall be regarded, for the purposes of this Act, as an award that is included within the Framework.”.

24. Amendment of section 57 of Principal Act (Review by Authority of implementation of procedures for access, transfer and progression)

24. Section 57 of the Principal Act is amended by the insertion of the following subsection after subsection (3):

• “(3A) 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.”.

25. Amendment of section 60 of Principal Act (Code of Practice for provision of programme to international learners)

25. Section 60 of the Principal Act is amended—

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

• “(1) The Authority shall, as soon as practicable after the commencement of section 25 of the Qualifications and Quality Assurance (Education and Training) (Amendment) Act 2019, establish and publish a code of practice to be complied with by providers (other than associated providers) of programmes of education and training to—

  • (a) international learners in the State enrolled on—

    • (i) programmes leading to awards that are awards included within the Framework made by:

      • (I) the Authority;

      • (II) a provider to whom the authority to make an award has been delegated under section 53;

      • (III) a designated awarding body; or

      • (IV) a listed awarding body,

      or

    • (ii) English language programmes,

    or

  • (b) learners outside the State enrolled on programmes leading to awards that are awards included within the Framework made by the Authority or a body or provider referred to in paragraph (a)(i)(II) or (III),

  for the purposes, in either case, of obtaining authorisation from the Authority to use the international education mark under section 61.

• (1A) The Authority may establish and publish under subsection (1) —

  • (a) different codes of practice for different relevant or linked providers, or groups of relevant or linked providers,

  • (b) different codes of practice for different classes of programmes or different types of provision.”,

• (b) by the substitution of the following subsection for subsection (2):

• “(2) Before establishing a code of practice under subsection (1), the Authority shall consult with An tÚdarás um Ard-Oideachas and such providers and other bodies as the Authority considers appropriate.”,

• (c) in subsection (6) —

• (i) in paragraph (b), by the deletion of “and”,

• (ii) in paragraph (c), by the substitution of “provider, and” for “provider.”, and

• (iii) by the insertion of the following paragraph after paragraph (c):

• “(d) the establishment of policies and procedures in writing by a provider for the purposes of the management of human resources, including policies and procedures for the recruitment, training, continuing professional development, employment and cessation of employment of education and teaching staff.”,

and

• (d) by the substitution of the following subsection for subsection (7):

• “(7) In specifying, under subsection (6), requirements relating to the matters referred to in paragraph (d) of that subsection, the Authority shall consult, in such manner as it thinks fit, with such person or persons, who represent education and training staff of providers, as it considers appropriate.”.

26. Amendment of section 61 of Principal Act (International education mark)

26. Section 61 of the Principal Act is amended:

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

• “(1A) The Authority may specify variant forms of the international education mark for different groups of providers or classes of programmes, including an international education mark for English language education and training.”,

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

• “(3) Subject to subsection (5), a provider (other than an associated provider) may apply to the Authority for authorisation to use the international education mark:

  • (a) if all programmes offered by the provider to international learners lead to one or more awards that are awards included within the Framework;

  • (b) in respect of each programme offered by the provider which leads to an award that is an award included within the Framework; or

  • (c) in respect of English language programmes.”,

• (c) by the substitution of the following subsection for subsection (5):

• “(5) A provider shall not make an application under subsection (3) unless—

  • (a) the provider has established procedures for quality assurance under section 28 that will address, in a manner that is appropriate, the requirements under this Part for authorisation to use the international education mark, and

  • (b) the provider has established procedures for access, transfer and progression under section 56.”,

• (d) in subsection (6) —

• (i) by the substitution in paragraph (a) of “sections 30, 31, 34, 35 and 36” for “sections 30 and 31”, and

• (ii) by the substitution of the following paragraph for paragraph (b):

• “(b) for the purposes of complying with subsection (5)(b), establish procedures for access, transfer and progression under section 56 as if the provider was a relevant provider and sections 57, 58 and 59 shall apply as if the provider was a relevant provider.”,

• (e) by the substitution of the following subsection for subsection (7):

• “(7) The Authority shall determine an application under subsection (3) by assessing—

  • (a) the compliance of the provider with the code of practice, and

  • (b) other than in the case of a previously established university or a linked provider, the suitability of the provider’s quality assurance procedures having regard to the fact that, should its application be granted, the provider will be authorised to use the international education mark,

  and following upon such assessment, the Authority shall:

  - (i) subject to subsection (8), authorise the use by the provider of the international education mark where it is satisfied that the provider is in compliance with that code and, in a case to which paragraph (b) applies, that its quality assurance procedures are suitable having regard to the fact referred to in that paragraph; or
  
  - (ii) refuse to authorise the use by the provider of the international education mark giving reasons for the refusal,
  
    and shall notify the provider in writing of its decision.”,
  

and

• (f) in subsection (9) —

• (i) in paragraph (a), by the substitution of “mark,” for “mark, and”,

• (ii) in paragraph (b), by the substitution of “mark, and” for “mark.”, and

• (iii) by the insertion of the following paragraph after paragraph (b):

• “(c) comply with section 65(1).”.

27. Amendment of section 63 of Principal Act (Review by Authority of provider’s compliance with code of practice and provider’s use of international education mark)

27. Section 63 of the Principal Act is amended—

• (a) in subsection (1) —

• (i) in paragraph (b), by the substitution of “section 61,” for “section 61.”, and

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

“and, in carrying out such a review, the Authority where, in its discretion, having regard to all the circumstances of the matter, the taking of such steps is considered by it to be appropriate, may take steps to ascertain whether a failure of the kind, in the particular respect there referred to, specified in subsection (4) has occurred on the part of the provider to comply with an enactment or an instrument under an enactment.”,

• (b) in subsection (2), by the substitution of “English language programmes” for “programmes of education and training in English as a foreign language”,

• (c) in subsection (4) —

• (i) in paragraph (a), by the deletion of “or”, and

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

• “(c) a provider has failed to comply with an enactment or instrument referred to in section 29B(2)(c) where such failure is in a respect which the Authority considers could be said to affect adversely the standing of the international education mark, or

• (d) a provider has failed to comply with any other enactment or instrument under an enactment where such failure is in a respect which the Authority considers could be said to affect adversely the standing of the international education mark among those seeking to receive education and training in the sector concerned,”,

and

• (d) by the insertion of the following subsection after subsection (7):

• “(7A) A provider may give notice in writing to the Authority that it no longer wishes to have authorisation to use the international education mark; on receipt of such a notice, the Authority may withdraw the provider’s authorisation to use that mark, without the need for a review, by notice in writing addressed to the provider.”.

28. Amendment of section 64 of Principal Act (Interpretation)

28. The Principal Act is amended by the substitution of the following section for section 64:

“Interpretation and application of Part

64. (1) This Part applies to—

• (a) subject to paragraph (b), programmes of education and training of 3 months or longer duration, and

• (b) English language programmes.

• (2) In this Part—

‘annual charge’ shall be construed in accordance with section 65(1) ;

‘Learner Protection Fund’ shall be construed in accordance with section 66(1) ;

‘protected programme default event’ means, in relation to a programme of education and training offered by a provider—

- (a) that will lead to an award that is an award included within the Framework, or

- (b) that is an English language programme,

  and (in either case) in respect of which programme the provider has accepted moneys from or on behalf of learners, the occurrence of the following circumstances namely—

    - (i) the provider does not provide the programme for any reason, including by reason of the insolvency or winding up of the provider, or

    - (ii) enrolled learners have begun but not completed the programme and the provider ceases to provide the programme before that programme is completed for any reason, including by reason of the insolvency or winding up of the provider.

• (3) Without prejudice to the generality of the definition of ‘protected programme default event’ in subsection (2) - in the case of a programme of education and training leading to an award that is an award included within the Framework - a provider shall, for the purposes of that definition, be taken to have ceased to provide that programme if—

  • (a) the Authority withdraws validation of that programme, or

  • (b) a relevant awarding body, including an awarding body with awards included within the Framework, indicates that it is no longer willing to make that award in respect of that programme.”.

29. Amendment of section 65 of Principal Act (Arrangements by providers for protection of enrolled learners)

29. The Principal Act is amended by the substitution of the following sections for section 65:

“Obligation of certain providers to pay annual charge into Learner Protection Fund

65. (1) Subject to subsections (6) and (7), if—

• (a) a relevant provider, an associated provider or a linked provider (each of which is referred to subsequently in this section as an ‘obligated provider’) offers, for reward, a programme of education and training leading to an award that is an award included within the Framework, or

• (b) a provider offers, for reward, an English language programme (and such a provider is also referred to subsequently in this section as an ‘obligated provider’),

it shall, in each year, pay into the Learner Protection Fund, such amount (referred to subsequently in this Part as the ‘annual charge’) as is prescribed under section 66A(1).

• (2) Subject to subsection (3), the annual charge shall be paid into the Learner Protection Fund prior to the commencement of provision by the obligated provider of the programme concerned and prior to the acceptance by it of any payments by or on behalf of any learners for enrolment on that programme.

• (3) The Authority may, in its discretion, determine that the annual charge, to be paid into the Learner Protection Fund by a class of obligated provider specified in the determination, shall be so paid by such a provider not later than a time that is specified by the Authority in the determination, being a time that falls after either event referred to in subsection (2), and such a provider shall, accordingly, pay the annual charge into the foregoing Fund no later than the time so specified.

• (4) References in this section and subsequent provisions of this Part to the payment into the Learner Protection Fund of the annual charge shall be construed as references to the payment of that charge to the Authority for the purpose of the Authority remitting the charge to that Fund (and any such charge so paid to the Authority shall be remitted by it to that Fund accordingly).

• (5) The Authority may require an obligated provider who is liable to pay the annual charge to provide any information that is relevant to determining the amount of the charge.

• (6) Subsection (1) shall not apply to a provider of a programme of education and training if the provider is—

  • (a) a previously established university,

  • (b) an educational institution established as a university under section 9 of the Act of 1997,

  • (c) a technological university,

  • (d) the Dublin Institute of Technology,

  • (e) an Institute of Technology,

  • (f) an educational institution designated under section 5 (inserted by section 52(e) of the Institutes of Technology Act 2006) of the Higher Education Authority Act 1971 as an institution of higher education for the purposes of that Act,

  • (g) Solas,

  • (h) the National Tourism Development Authority,

  • (i) Teagasc,

  • (j) An Bord Iascaigh Mhara,

  • (k) an education and training board or an institution established and maintained by an education and training board,

  • (l) the Institute of Public Administration,

  • (m) a recognised school,

  • (n) the Royal College of Surgeons in Ireland,

  • (o) the Royal Irish Academy of Music,

  • (p) Mary Immaculate College,

  • (q) Marino Institute of Education, or

  • (r) a body established—

    • (i) by or under an enactment (other than the Companies Act 2014 or a former enactment relating to companies within the meaning of section 5 of that Act), or

    • (ii) under the Companies Act 2014 (or a former enactment relating to companies within the meaning of section 5 of that Act) in pursuance of powers conferred by or under another enactment, and financed wholly or partly by means of money provided, or loans made or guaranteed, by a Minister of the Government or the issue of shares held by or on behalf of a Minister of the Government.

• (7) If a provider referred to in subsection (1) ceases to provide, for reward, a programme referred to in paragraph (a) or (b) of that subsection, that subsection shall—

  • (a) beginning with the year following the year in which the programme ceases to be so provided, and

  • (b) in each year thereafter,

  provided there is not a resumption by the provider of the doing of the thing referred to in that subsection (whether in respect of the same programme or another programme falling within paragraph (a) or (b) of it), cease to apply to the provider.

• (8) Where an obligated provider receives moneys, more than 40 days before the commencement of the provision by it of a programme referred to in subsection (1), from or on behalf of a learner in respect of that programme, the obligated provider shall establish an account with the holder of a licence (within the meaning of the Central Bank Act 1971) into which account it shall pay those moneys, and in respect of which account the provider ensures that an arrangement in writing, entered into between it and that holder (the ‘institution’), of the kind referred to in subsection (9) applies.

• (9) The arrangement referred to in subsection (8) is that the account concerned will operate by way of escrow and with the following incidents, that is to say—

  • (a) the moneys concerned may not be drawn upon by the obligated provider unless and until the institution receives a written notification from the provider which contains a statement by the provider (accompanied by proof that, in the opinion of the institution, will enable the statement to be verified by it) that the programme concerned has commenced, and

  • (b) in the event of the programme not being commenced, for any reason, the institution shall permit—

    • (i) unless subparagraph (ii) applies, the whole of the moneys concerned, or

    • (ii) such amount of the moneys concerned as remains after deduction, in the institution’s favour, of any charges for the making of the arrangement referred to in subsection (8) that have been agreed between the obligated provider and institution,

    to be drawn upon by the learner (or another acting on the learner’s behalf), and only the learner or another so acting, by way of refund or, as the case may be, partial refund.

    Existing enrolled learner protection arrangements - status and period for which such arrangements shall continue to have effect

    65A. (1) In this section—

    ‘previous section 65’ means section 65 as it stood enacted before the relevant commencement;

    ‘relevant commencement’ means the date of commencement of section 29 of the Qualifications and Quality Assurance (Education and Training) (Amendment) Act 2019;

    ‘relevant substitution’ means the amendment, effected by section 29 of the Qualifications and Quality Assurance (Education and Training) (Amendment) Act 2019, in so far as it consists of the substitution, for the previous section 65, of a section 65.

• (2) Subject to subsection (3), any arrangements put in place under the previous section 65 by a provider (and subsisting immediately before the relevant commencement) shall, notwithstanding the relevant substitution, continue in being.

• (3) On the expiration of 3 years from the relevant commencement or such earlier date as may be appointed by order made by the Minister under subsection (4), the arrangements referred to in subsection (2) shall cease to have effect.

• (4) The Minister, after consultation with the Authority, may, by order, appoint a date (earlier than the expiration of the period of 3 years referred to in that subsection) for the purposes of subsection (3) and different such dates may be appointed by an order or orders made under this subsection by the Minister in relation to different classes of provider specified in the order or orders.”.

30. New section 66 of Principal Act (Protection of Enrolled Learners Fund)

30. The Principal Act is amended by the substitution of the following section for section 66:

“Protection of Enrolled Learners Fund

66. (1) The Authority shall, in accordance with the requirements under subsection (2), establish, maintain and operate a fund which shall be known as the ‘Protection of Enrolled Learners Fund’ and is in this Act referred to as the ‘Learner Protection Fund’.

• (2) Requirements shall be prescribed by the Minister, with the consent of the Minister for Public Expenditure and Reform, in relation to the establishment, maintenance and operation of the Learner Protection Fund. Requirements so prescribed may include requirements with respect to the exercise by the Authority of the power of defrayment (from moneys standing to the credit of the Learner Protection Fund) under subsection (3)(a) and (b).

• (3) In the case of a protected programme default event, moneys standing to the credit of the Learner Protection Fund may be used by the Authority to—

  • (a) defray the costs that will be incurred in the completion by the enrolled learner of the programme, the subject of that event (the ‘relevant programme’), where such completion is possible,

  • (b) defray the payment of the fees required for the transfer of an enrolled learner onto a programme of another provider that is similar to the relevant programme,

  • (c) if the Authority concurs with a submission in writing to it made by the enrolled learner (or another acting on the learner’s behalf) to the effect that compliance with paragraph (a) or (b) is not practicable in the particular case, refund to an enrolled learner, or to the person who paid the moneys on behalf of the enrolled learner, the moneys most recently paid in respect of the relevant programme, including, where payment in respect of such a period has been made, in respect of the current academic year.

• (4) In subsection (3)(c) ‘moneys’ includes tuition fees, registration fees, examination fees, library fees, student services fees and any other fees paid by or on behalf of the learner to the provider (or any intermediary of it) in respect of enrolment on the relevant programme and which relate to the provision of education, training and related services.

• (5) Where—

  • (a) a protected programme default event occurs, and

  • (b) to the extent that the steps the Authority is authorised to take under subsection (3) would not result (or, if such steps have been taken by it, have not resulted) in a similar outcome for the learner concerned,

  the Authority shall make all reasonable efforts for the purpose specified in subsection (6) to ensure that an alternative programme of education, provided by another provider, is made available to each learner enrolled on the relevant programme.

• (6) The purpose referred to in subsection (5) is to ensure that the learner may have a reasonable opportunity to complete a programme of education and training similar to that commenced with the original provider.

• (7) The Authority may, for the purposes of defrayments (from moneys standing to the credit of the Learner Protection Fund) that are referred to in subsection (3)(b), establish criteria by reference to which it shall determine whether a particular programme is a similar one to the relevant programme concerned. The Authority shall publish the criteria so established by it in such form and manner as it thinks appropriate (including on the internet).

• (8) The amount of any defrayment or refund (from moneys standing to the credit of the Learner Protection Fund) under subsection (3), in relation to a protected programme default event, may be recovered from the provider of the relevant programme by the Authority as a simple contract debt in any court of competent jurisdiction.

• (9) Any amount recovered by the Authority under subsection (8) shall be paid into, or disposed of for the benefit of, the Exchequer in such manner as the Minister, with the consent of the Minister for Public Expenditure and Reform, may determine.

• (10) In addition to what is provided in the preceding subsections concerning payments from the Learner Protection Fund, the Authority—

  • (a) may pay from moneys standing to the credit of the Fund such sums as it thinks appropriate to defray expenses incurred by it in the establishment, maintenance or operation of the Fund or incurred by it on the occasion of the performance by it of any other function under this Act, the performance of which, on the occasion concerned, the Authority is satisfied was, lawfully, for the purpose of the protection of enrolled learners (whether in general or in particular), and

  • (b) shall pay to the Minister from moneys standing to the credit of the Fund, upon the Minister giving a direction in that behalf, such sums as the Minister considers appropriate and specifies in the direction for the purpose of repaying sums paid into the Fund under section 66A(4) (and moneys received by the Minister under this paragraph shall be paid into, or disposed of for the benefit of, the Exchequer in such manner as the Minister, with the consent of the Minister for Public Expenditure and Reform, may determine).

• (11) The Authority shall not later than 31 March in each year prepare and publish, in such form and manner as it considers appropriate, a report in respect of operation of the Learner Protection Fund during the preceding year and, in particular, in respect of the exercise, during that year, by the Authority of the power of defrayment or refund (from moneys standing to the credit of that Fund) under subsection (3).

• (12) If the date of the establishment under subsection (1) of the Learner Protection Fund falls in the period from 1 October to the following 31 December, the first report under subsection (11) shall be prepared and published not later than the 31 March in the second year following the year in which that date of establishment day falls and shall relate to that last-mentioned year and the following year.

• (13) The Authority shall furnish a copy of a report under subsection (11) to the Minister and the Minister shall cause a copy of it to be laid before each House of the Oireachtas.

• (14) No information shall be included in a report under subsection (11) that could reasonably lead to the disclosure of the identity of any learner nor (in respect of a case of a refund dealt with in the report and which refund has been made to the person who paid the original moneys concerned on behalf of a learner) the identity of any other such person.

• (15) On the expiry of 5 years after the date of the establishment under subsection (1) of the Learner Protection Fund, and on every 5th anniversary thereafter, the Authority shall conduct a review of the operation of that Fund and in conducting that review shall invite, and have regard to, submissions from obligated providers in relation to that Fund’s operation and the matters specified in subsection (16) relating to the annual charge.

• (16) A review under subsection (15) shall extend to the consideration by the Authority of the annual charge and the extent to which the provision made by this Part for such a charge, and the amount thereof as it stands prescribed for the time being, enable the giving of effective financial assistance to enrolled learners in the circumstances specified in this Part.

• (17) The Authority shall prepare and publish a report setting out the results of a review under subsection (15) and subsections (13) and (14) shall apply to such a report as they apply to a report under subsection (11).”.

31. Payment of annual charges into Learner Protection Fund and related matters

31. The Principal Act is amended by the insertion of the following section after section 66 (inserted by section 30):

“Regulations in relation to payment of annual charges into Learner Protection Fund and related matters

66A. (1) The Minister shall prescribe the amount of the annual charge to be paid, under subsection (1) of section 65, by each provider referred to in that subsection (in this section referred to as an ‘obligated provider’).

• (2) The Minister may prescribe a different amount under subsection (1) in respect of different classes of obligated providers and different classes of programmes provided by obligated providers, and a class of programme may be defined in the regulations concerned by reference to the following matters:

  • (a) the number of learners enrolled on the programme;

  • (b) the number of international learners enrolled on the programme;

  • (c) the duration of the programme;

  • (d) the level of the fees charged in respect of the programme; or

  • (e) any other matter that the Minister considers to be relevant, having regard to the functions conferred on the Authority by section 66(3) and (5) and the desirability of there being an adequate amount of moneys standing to credit of the Learner Protection Fund.

• (3) In addition to the annual charge, there shall be payable by an obligated provider into the Learner Protection Fund such amount as is prescribed if the provider fails to pay into that Fund the annual charge by a date prescribed by reference to the requirement of subsection (2) or (3), as the case may be, of section 65; the reference in this subsection to the foregoing prescribed amount being payable into the Learner Protection Fund shall be construed as a reference to that amount being payable to the Authority for the purpose of the Authority remitting the amount to that Fund (and any such amount that is so payable to the Authority, and paid to it, shall be remitted by it to that Fund accordingly).

• (4) The Minister, with the consent of the Minister for Public Expenditure and Reform, may pay into the Learner Protection Fund, out of moneys provided by the Oireachtas, such sums as the Minister thinks appropriate.

• (5) Where default is made in payment of the amount of the annual charge or the amount referred to in subsection (3), the amount may be recovered from the obligated provider concerned by the Authority as a simple contract debt in any court of competent jurisdiction, and any amount recovered by the Authority under this subsection shall be remitted by it to the Learner Protection Fund.

• (6) Where a protected programme default event occurs, the provider of the programme, the subject of that event, shall notify the Authority in writing of that event within 2 working days after that event’s occurrence.

• (7) The notification under subsection (6) shall include the following:

  • (a) details of the circumstances under which the provider has ceased to provide the programme;

  • (b) details of the learners enrolled on the programme;

  • (c) details of the programme that the provider has ceased to provide;

  • (d) an indication as to whether the provider intends to discharge its obligations by arranging for the learners enrolled on the programme to transfer to a similar programme provided by another provider at the expense of the provider, or the repayment of moneys most recently paid by or on behalf of the learners.

• (8) References in subsection (7) to a programme having ceased to be provided by the provider shall be deemed to include references to each of the cases referred to in subsection (3) of section 64 in which, by virtue of that subsection (3), a provider is to be taken, for the purposes of the related definition in subsection (2) of that section, to have ceased to provide a programme.

• (9) At the time the provider gives the notification under subsection (6) in relation to a protected programme default event, it shall also notify, in writing, the learners enrolled on the programme, the subject of that event, of that event.

• (10) A notification given under subsection (6) or (9) shall comply with any requirements prescribed by the Minister.

• (11) If a provider of a programme (the ‘alternative programme’) that is similar to the relevant programme referred to in paragraph (b) of section 66(3) offers a learner referred to in that paragraph (b) a place on the alternative programme, the learner may accept the offer.

• (12) Subject to subsection (13), such an acceptance by the learner shall be in writing and be made within a period of 30 days from the date of the offer, after which time the offer shall be regarded as having lapsed.

• (13) If the Authority considers that exceptional circumstances apply in a particular case, subsection (12) shall, with the assent of the provider of the alternative programme and the learner, have effect in that case with the substitution, for the period specified in that subsection, of such shorter or longer period than that period as the Authority determines.”.

32. Amendment of section 67 of Principal Act (Obligation on providers to furnish information to enrolled learners)

32. Section 67(1) of the Principal Act is amended, in paragraph (a)(iii):

• (a) by the substitution of “the award is one that is included within the Framework” for “the award is recognised within the Framework”, and

• (b) by the substitution of the following clause for clause (I):

“(I)the level at which the award is included within the Framework, and”.

33. Amendment of section 79 of Principal Act (Database)

33. (1) Section 79(1) of the Principal Act is amended by the substitution of the following paragraphs for paragraphs (a) and (b):

• “(a) awards that are awards included within the Framework,

• (b) programmes of education and training which lead to awards that are awards included within the Framework, other than 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, and”.

• (2) Section 79(2) of the Principal Act is amended:

• (a) in paragraph (a) —

• (i) by the substitution of “in relation to an award that is an award included within the Framework” for “in relation to an award recognised within the Framework”, and

• (ii) by the substitution of the following subparagraphs for subparagraphs (iii) and (iv):

• “(iii) the level at which the award is included within the Framework for the time being, and

• (iv) the award type and class of award as identified within the Framework for the time being;”,

and

• (b) in paragraph (b)(vi) —

• (i) by the substitution of “the programme is one that is included within the Framework” for “the programme is recognised within the Framework”,

• (ii) in clause (I), by the substitution of “the award is included within the Framework” for “the award is recognised within the Framework”, and

• (iii) by the substitution of the following clause for clause (II):

• “(II) the award type and class of award as identified within the Framework for the time being,”.

34. Amendment of section 80 of Principal Act (Fees)

34. Section 80 of the Principal Act is amended:

• (a) in subsection (1) —

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

• “(a) a request under section 29B(4),

• (aa) the submission of quality assurance procedures to the Authority for approval under section 30,”,

and

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

• “(ja) an application under section 55C(4),

• (jb) the benefit of a decision under section 55D,

• (jc) the continuing benefit of a decision under section 55D,

• (jd) a review under section 55G,”,

and

• (b) by the substitution of the following subsection for subsection (5):

• “(5) The Authority may provide for the payment of—

  • (a) reduced fees, under this section, having regard to the method of payment of the fees, and

  • (b) a single fee, under this section, in respect of the doing by it (or, as appropriate, the doing by another) of 2 or more things referred to in subsection (1), being a fee that is of a lower amount than the amount of the individual fees (when aggregated) that would otherwise be payable in respect of the doing of those 2 or more things.”.

35. Amendment of section 84 of Principal Act (Transitional and savings provision for the Qualifications (Education and Training) Act 1999)

35. Section 84 of the Principal Act is amended—

• (a) in subsection (1), by the substitution of “Subject to subsections (1A) and (1B), where” for “Where”,

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

• “(1A) The provision made by subsection (1) for the continuance in force of the procedures referred to in that subsection shall, in relation to the procedures subsequently mentioned in this subsection, cease to apply (and, accordingly, those procedures shall no longer be taken to be in force as if they had been established under section 28) in either—

  • (a) the following circumstances—

    • (i) a period of 3 years from the commencement of section 35 of the Qualifications and Quality Assurance (Education and Training) (Amendment) Act 2019 has expired, and

    • (ii) the relevant provider concerned has not, within that period, submitted a copy of the procedures to the Authority for approval under section 30,

    or

  • (b) the following circumstances—

    • (i) the relevant provider concerned has, within the foregoing period, done that which is referred to in paragraph (a)(ii), and

    • (ii) either—

      • (I) the Authority refuses to approve under section 30 the procedures submitted to it and the period prescribed under section 70 for lodging with the Appeals Panel, in accordance with section 69, an appeal against that refusal has expired without such an appeal being so lodged, or

      • (II) the Authority refuses to approve under section 30 the procedures submitted to it, an appeal against that refusal has, in accordance with section 69, been lodged with the Appeals Panel within the period so prescribed and an Appeals Board either affirms the decision of the Authority or directs it to reconsider its decision and, in the latter case, the Authority, on such reconsideration, again refuses to approve under section 30 the procedures submitted to it.

• (1B) The provisions of section 30 shall apply to a copy of procedures submitted to the Authority, as mentioned in subsection (1A), as they apply to a draft of proposed procedures referred to in subsection (1) of section 30 that is submitted to the Authority.”,

• (c) in subsection (4), by the substitution of “Subject to subsections (4A) to (4C), where” for “Where”, and

• (d) by the insertion of the following subsection after subsection (4):