Higher Education Authority Act 2022

PART 1 Preliminary and general

1. Short title and commencement

1. (1) This Act may be cited as the Higher Education Authority Act 2022.

(2) This Act, other than sections 85, 86, 87, 95, 97, 98, 99, 100, 101, 102, 103 and 105, shall come into operation on such day or days as the Minister 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.

(3) An order under subsection (2) may, in respect of the repeal of the enactments specified in Schedule 1 effected by section 5(1), appoint different days for the repeal of different enactments or different provisions of them.

2. Interpretation

2. (1) In this Act—

“Act of 1971” means the National College of Art and Design Act 1971;

“Act of 1992” means the Regional Technical Colleges Act 1992;

“Act of 1997” means the Universities Act 1997;

“Act of 2011” means the Student Support Act 2011;

“Act of 2012” means the Qualifications and Quality Assurance (Education and Training) Act 2012;

“Act of 2018” means the Technological Universities Act 2018;

“An tSeirbhís” means An tSeirbhís Oideachais Leanúnaigh agus Scileanna;

“An tÚdarás” means An tÚdarás um Ard-Oideachas established by the Higher Education Authority Act 1971 and continued in being by section 7;

“appeals board” has the meaning assigned to it by section 69(1);

“Board” means the Board of An tÚdarás;

“bodies seeking funding” has the meaning assigned to it by section 37(1);

“Chief Executive Officer”, in relation to An tÚdarás, has the meaning assigned to it by section 25;

“Data Protection Regulation” means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016^1 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 (General Data Protection Regulation);

“designated institution of higher education” has the meaning assigned to it by section 53(1);

“designation order” has the meaning assigned to it by section 54(1);

“education and training board” has the meaning assigned to it by the Education and Training Boards Act 2013;

“funded body” has the meaning assigned to it by section 37(1);

“funding framework” has the meaning assigned to it by section 37(2);

“Gaeltacht Language Planning Area” has the meaning it has in Part 2 of the Gaeltacht Act 2012;

“Gaeltacht Service Town” has the meaning it has in Part 2 of the Gaeltacht Act 2012;

“governing body”, in relation to a designated institution of higher education or a funded body, means the governing body, authority or board (by whatever name called) that manages and controls the designated institution of higher education or funded body, as the case may be;

“higher education provider” means a person or institution which provides at least one programme of education and training leading to the award of a degree or other qualification which is at least at bachelor degree level and is included within the National Framework of Qualifications;

“information” includes data;

“Irish Language Network” has the meaning it has in Part 2 of the Gaeltacht Act 2012;

“Minister” means the Minister for Further and Higher Education, Research, Innovation and Science;

“non-personal data” means data other than personal data;

“personal data” has the meaning it has in the Data Protection Regulation;

“prescribed” means prescribed by regulations made by the Minister under section 3;

“priority groups”, in relation to students in higher education or, as may be appropriate, persons who are seeking to become students in higher education, includes persons who are economically or socially disadvantaged, persons who have a disability or persons from sections of society that are under-represented in the student body in higher education;

“processing”, in relation to personal data, has the meaning it has in the Data Protection Regulation;

“representatives of students” shall include officers of a national student union in their capacity as such officers;

“research” means creative and systematic work undertaken in order to increase the stock of knowledge (including knowledge of humankind, culture and society) and to devise new applications of available knowledge;

“revocation order” has the meaning assigned to it by section 59(1);

“special categories of personal data” has the meaning it has in the Data Protection Act 2018;

“student” means a person registered as a student by a higher education provider with that provider;

“student union” means a student union or other student representative body recognised by a higher education provider or by the Minister;

“tertiary education” means further education and training and higher education and research.

(2) In this Act, references to higher education shall include references to research undertaken in the higher education system.

(3) In this Act, references to environmental development and sustainability shall be construed as references to development and actions that meet the needs of the present without compromising the ability of future generations to meet their own needs and, without prejudice to the generality of the foregoing, including actions in respect of social, economic, cultural and environmental development, climate and biodiversity.

3. Regulations and orders

3. (1) The Minister may by regulations provide for any matter referred to in this Act as prescribed or to be prescribed.

(2) Without prejudice to any provision of this Act, regulations under this section may contain such incidental, supplementary and consequential provisions as appear to the Minister to be necessary or expedient for the purposes of the regulations.

(3) An order (other than an order under section 1(2)) and regulations made under this Act shall be laid before each House of the Oireachtas as soon as may be after the order or regulation is made and, if a resolution annulling the order or regulation is passed by either such House within the next 21 days on which that House has sat after the order or regulation is laid before it, the order or regulation, as the case may be, shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder.

4. Expenses

4. The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Public Expenditure and Reform, be paid out of moneys provided by the Oireachtas.

5. Repeals, revocations and savers

5. (1) The enactments specified in Part 1 of Schedule 1 are repealed to the extent specified in column (3) of that Part of that Schedule and the enactments specified in Part 2 of that Schedule are revoked to the extent specified in column (3) of that Part of that Schedule.

(2) Notwithstanding the repeal of subsections (2) to (4) of section 4 of the Act of 1997, sections 22 and 23 of the Act of 1997 shall not apply to Trinity College (within the meaning of that Act).

(3) A superannuation scheme made under section 15 of the Higher Education Authority Act 1971 that was in force immediately before the coming into operation of subsection (1) insofar as that subsection relates to the repeal of that section of that Act shall continue in force on and after that coming into operation as if the scheme had been made under section 31 and Schedule 3.

6. Offences

6. (1) A person guilty of an offence under this Act shall be liable, on summary conviction, to a class A fine or imprisonment for a term not exceeding 12 months or both.

(2) Summary proceedings for an offence under this Act may be brought and prosecuted by An tÚdarás, including where such an offence is committed by a member of the Board.

PART 2 An tÚdarás um Ard-Oideachas

Chapter 1

7. An tÚdarás um Ard-Oideachas

7. (1) Notwithstanding the repeal of the Higher Education Authority Act 1971 by section 5(1)—

(a) the body known as An tÚdarás um Ard-Oideachas (in this Act referred to as “An tÚdarás”) shall continue in being in accordance with the provisions of this Act, and

(b) anything commenced but not completed by that body before that repeal may be carried on and completed by An tÚdarás after that repeal as if that Act had not been repealed.

(2) An tÚdarás is a body corporate with perpetual succession and an official seal and shall have the power to sue, and may be sued, in its corporate name and may, with the consent of the Minister and the Minister for Public Expenditure and Reform, acquire, hold and dispose of land, an interest in land or any other property.

(3) The seal of An tÚdarás shall be authenticated by—

(a) the signatures of 2 members of the Board, or

(b) the signatures of a member of the Board and a member of the staff of An tÚdarás authorised by the Board to act in that behalf.

(4) Judicial notice shall be taken of the seal of An tÚdarás and, accordingly, any document—

(a) purporting to be an instrument made by An tÚdarás, and

(b) purporting to be sealed with the seal of An tÚdarás authenticated in accordance with subsection (3),

shall, unless the contrary is shown, be received in evidence and taken to be such an instrument without further proof.

8. Objects of An tÚdarás

8. (1) An tÚdarás shall have regard to the following objects in performing its functions:

(a) to promote the attainment and maintenance of excellence in teaching, learning and research in a high quality higher education system;

(b) to support designated institutions of higher education in contributing to social, economic, cultural and environmental development and sustainability through leadership, innovation and agility and, without prejudice to the generality of the foregoing, such support shall include the promotion and use by those institutions of the Irish language;

(c) to hold designated institutions of higher education to account for their performance and for securing value for money in the use of funding provided under this Act;

(d) to advance equality of opportunity, diversity and inclusion in higher education;

(e) to strengthen engagement with the education system and society generally;

(f) to respect the academic freedom of higher education providers and academic staff in those providers;

(g) to acknowledge the responsibility of designated institutions of higher education for the performance and governance of those institutions.

(2) In furthering these objects, An tÚdarás shall provide that, as far as practicable and having regard to resources available, the needs of the student in higher education are a primary consideration.

9. Functions of An tÚdarás

9. (1) The functions of An tÚdarás shall be to—

(a) promote the objects of An tÚdarás,

(b) promote and support student engagement and student success in higher education and the attainment by students of a high quality educational experience in higher education,

(c) secure and evidence value for money in the expenditure by An tÚdarás of moneys provided to it under section 19,

(d) plan for higher education provision and make recommendations to the Minister on the overall provision of student places,

(e) F1[in co-operation with TaighdeÉireann,] plan for research in the higher education system and make recommendations to the Minister on the overall higher education research system,

(f) support the provision of a range of programmes of higher education and training aimed at meeting the educational and skills needs of individuals, business, enterprise, the professions, the community, local interests and other stakeholders locally, regionally and nationally and, without prejudice to the generality of the foregoing, including the educational and skills needs of persons in Gaeltacht Language Planning Areas, Gaeltacht Service Towns and Irish Language Networks, and outside of such Areas, Towns and Networks, with regard to the promotion and use of the Irish language,

(g) facilitate co-operation at a national, regional and local level between designated institutions of higher education and other education providers,

(h) co-operate with designated institutions of higher education, the Qualifications and Quality Assurance Authority of Ireland, An tSeirbhís, F2[TaighdeÉireann], Skillnet Ireland, Ministers of the Government and other bodies, as may be appropriate, in relation to the development and provision of higher education and training,

(i) promote, support and fund excellent research in the higher education system in all disciplines in accordance with national research policy and in co-operation, as may be appropriate, with Ministers of the Government, F2[TaighdeÉireann and other Government agencies] and such other bodies as An tÚdarás considers appropriate,

(j) provide capital funding and current funding to bodies seeking funding, monitor expenditure by funded bodies and to control or seek a refund of funding in certain circumstances,

(k) measure and assess the performance of designated institutions of higher education with a view to strengthening the performance of the higher education system and the designated institutions of higher education and to ensure their accountability,

(l) support the effective governance of designated institutions of higher education by overseeing appropriate governance frameworks to underpin public confidence in the higher education system and to provide value for money for funding provided and ensure accountability and compliance with those governance frameworks,

(m) assess the performance of funded bodies with regard to securing value for money in the expenditure of funding provided to them by An tÚdarás under this Act,

(n) support equality, diversity and inclusion in higher education, including the participation and success of students in priority groups, or persons in such groups seeking to be students, in higher education,

(o) advise the Minister in relation to national policy on higher education in accordance with section 14, including in relation to the funding required for higher education,

(p) co-operate with An tSeirbhís with regard to the establishment and operation of an Office called the National Apprenticeship Office whose functions shall be to manage, oversee and develop a system of apprenticeships,

(q) promote co-operation and collaboration with regard to higher education (including with regard to the provision of student places and the enrolment of students) with authorities having responsibility for higher education in Northern Ireland, including the promotion of co-operation between designated institutions of higher education and institutions of higher education in Northern Ireland,

(r) without prejudice to paragraph (q), promote co-operation and collaboration with regard to higher education (including the provision of support and funding for projects and initiatives) with authorities having responsibility for higher education in places outside the State, including the promotion of such co‑operation by designated institutions of higher education with institutions of higher education in places outside the State,

(s) provide a recommendation to the Minister in relation to the proposed acquisition or disposal of land, an interest in land or any other property by a designated institution of higher education, where the consent of the Minister is required for such a transaction,

(t) research any matters relating to the objects and functions of An tÚdarás, and

(u) in compliance with Part 6, collect statistical information and maintain an evidence base in order to provide high quality evidence-based policy advice.

(2) An tÚdarás shall have all such powers as are necessary or expedient for the performance by it of its functions.

(3) An tÚdarás may perform any of its functions through or by any member of the staff of An tÚdarás authorised in that behalf by An tÚdarás.

(4) An tÚdarás may perform any of its functions through or by any other persons authorised in that behalf by An tÚdarás.

10. Consultants and advisers

10. (1) An tÚdarás may appoint such consultants and advisers as it considers necessary for the performance of its functions.

(2) An tÚdarás shall comply with any directions concerning the engagement of consultants and advisers which may from time to time be given to it by the Minister, given with the consent of the Minister for Public Expenditure and Reform.

(3) Any remuneration due to a consultant or adviser shall, having regard to guidelines issued from time to time by the Minister or the Minister for Public Expenditure and Reform, be paid out of moneys at the disposal of An tÚdarás.

Chapter 2

11. Power of Minister to give directions to An tÚdarás

11. (1) The Minister may give a direction in writing to An tÚdarás for any purpose relating to this Act and concerning—

(a) any matter or thing referred to in this Act or any other enactment, and

(b) the implementation of any policy or objective of the Minister or the Government.

(2) An tÚdarás shall comply with a direction given by the Minister under this section.

(3) An tÚdarás shall, within the time specified by the Minister in a direction, inform the Minister of the measures taken by An tÚdarás to comply with the direction.

(4) The Minister may, by direction, in writing, amend or revoke a direction under this section (including a direction under this subsection).

12. Power of Minister to issue guidelines to An tÚdarás

12. (1) The Minister may issue guidelines in writing to An tÚdarás for the purposes of this Act.

(2) Guidelines issued under subsection (1) may relate to—

(a) codes of practice for governance or other such codes that may be issued from time to time by a Minister of the Government,

(b) policy guidance or changes in policy, and

(c) changes in prioritisation of commitments in the corporate plan of An tÚdarás under section 20.

(3) In performing its functions under this Act, An tÚdarás shall have regard to any guidelines issued by the Minister under this section.

(4) The Minister may publish guidelines issued by him or her under subsection (1) in such manner as he or she considers appropriate.

13. Reports and information to Minister

13. An tÚdarás shall provide such reports and information to the Minister in such form and manner and at such times as the Minister may specify on any matter related to the performance of the functions of An tÚdarás.

14. Advice to Minister