Reform history

# Higher Education Authority Act 2022

“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);

### Chapter 1 *Continuance in being and functions of An tÚdarás*

(e) plan for research in the higher education system and make recommendations to the Minister on the overall higher education research system,

(h) co-operate with designated institutions of higher education, the Qualifications and Quality Assurance Authority of Ireland, An tSeirbhís, Science Foundation Ireland, 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, Government agencies and such other bodies as An tÚdarás considers appropriate,

### Chapter 2 *Ministerial powers and information*

### Chapter 3 *Board of An tÚdarás*

**15.** (1) An tÚdarás shall have a Board (in this Act referred to as the “Board”) established under this Act to perform the functions of An tÚdarás.

(a) oversee the preparation and adoption of the corporate plan of An tÚdarás under *section 20* and the annual plan of An tÚdarás under *section 21* and their submission to the Minister,

(i) to achieve the objects of An tÚdarás,

(ii) for the internal performance management and accountability of An tÚdarás in respect of—

(iii) in order to enable compliance with the policies (whether contained in guidelines, codes or other documents, or any combination of them) of the Government or a Minister of the Government to the extent that those policies may affect or relate to the functions of An tÚdarás,

(5) The Board may delegate in writing to the Chief Executive Officer any of the functions of An tÚdarás or the Board other than the functions referred to in *subsection (3)*.

(6) If a function of An tÚdarás or the Board is delegated to the Chief Executive Officer under *subsection (5)*, the delegation remains in force until the Board revokes the delegation by notice in writing given to that Officer.

### Chapter 4 *Administrative co-operation with other bodies*

(iii) Science Foundation Ireland,

### Chapter 5 *Funding and accountability of An tÚdarás*

(a) shall consult with the Minister, and

### Chapter 6 *Chief Executive Officer*

### Chapter 7 *Staff of An tÚdarás*

### Chapter 1 *Strategic planning for tertiary education and performance of higher education providers*

(e) Science Foundation Ireland,

### Chapter 2 *Provision of funding by An tÚdarás*

**39.** The Chief Executive Officer may, for the following purposes, request information from such other bodies as he or she considers appropriate, including but not limited to the Qualifications and Quality Assurance Authority of Ireland, as respects a body seeking funding or a funded body—

(5) The powers of the Chief Executive Officer under this section are without prejudice to his or her powers under *sections 64* to *68*.

(c) a public body, including a Minister of the Government, the Office of the Revenue Commissioners, the Qualifications and Quality Assurance Authority of Ireland, An tSeirbhís and Science Foundation Ireland, or

**51.** (1) Subject to the Data Protection Regulation, the Data Protection Act 2018, the Data Sharing and Governance Act 2019 and *subsection (3)*, An tÚdarás may furnish to designated institutions of higher education, a Minister of the Government, the Office of the Revenue Commissioners, the Qualifications and Quality Assurance Authority of Ireland, An tSeirbhís, Science Foundation Ireland and such other body as An tÚdarás considers appropriate, including the Central Applications Office, personal data as is necessary and proportionate which come to its attention in the course of performing its functions, and which relate to one or more of the functions of that body.

### Chapter 1 *Designated institutions of higher education*

### Chapter 2 *Designation by order of certain higher education providers as designated institutions of higher education*

### Chapter 3 *Obligations of certain designated institutions of higher education and higher education providers*

(a) the Qualifications and Quality Assurance Authority of Ireland, information on any issue concerning a designated institution of higher education relating to the performance by that Authority of any one or more of its functions specified in *subsection (2)* as respects that institution, and

## SCHEDULE 1

*Section 5*

## Part 1 *Enactments Repealed>*

| **Number and Year** **(1)** | **Short Title** **(2)** | **Extent of Repeal** **(3)** |

| --- | --- | --- |

| No. 22 of 1971 | Higher Education Authority Act 1971 | The whole Act |

| No. 28 of 1971 | National College of Art and Design Act 1971 | Sections 15A and 16(3) and (4) |

| No. 16 of 1992 | Regional Technical Colleges Act 1992 | Sections 7(4) and (5), 14(2A) and (4) and 20 |

| No. 24 of 1997 | Universities Act 1997 | Sections 4(2), (3) and (4), 19, 20, 21 and 50 |

| No. 3 of 2018 | Technological Universities Act 2018 | Sections 26, 27(2) and (3), 58, 80(b), 82, 83, 84 and 91 |

## Part 2 *Enactments Revoked*

| **Statutory Instrument number and year** **(1)** | **Citation** **(2)** | **Extent of revocation** **(3)** |

| --- | --- | --- |

| S.I. No. 58 of 1973 | Higher Education Authority Act 1971 (Designation of Institution of Higher Education) Regulations 1973 | The whole statutory instrument |

| S.I. No. 208 of 1976 | Higher Education Authority Act 1971 (Designation of Institution of Higher Education) Regulations 1976 | The whole statutory instrument |

| S.I. No. 295 of 1976 | Higher Education Authority Act 1971 (Designation of Institution of Higher Education) (No. 2) Regulations 1976 | The whole statutory instrument |

| S.I. No. 287 of 1978 | Higher Education Authority Act 1971 (Designation of Institution of Higher Education) Regulations 1978 | The whole statutory instrument |

| S.I. No. 423 of 1979 | Higher Education Authority Act 1971 (Designation of Institution of Higher Education) Regulations 1979 | The whole statutory instrument |

## SCHEDULE 2 Board of An tÚdarás

*Section 15*

1. The Board shall retain in its possession a seal of An tÚdarás.

2. (1) A member of An tÚdarás, holds office upon such terms and conditions (including terms and conditions relating to remuneration and allowances for expenses) as may be determined by the Minister, with the approval of the Minister for Public Expenditure and Reform.

(2) There may be paid by An tÚdarás to the members of the Board such remuneration (if any) and such allowances for expenses (if any) as the Minister, with the approval of the Minister for Public Expenditure and Reform, may determine.

3. (1) A member of the Board may resign from office by giving notice in writing to the Minister of his or her resignation and the resignation shall take effect on the day on which the Minister receives the notice.

(2) If the chairperson of the Board resigns as chairperson he or she shall then also cease to be a member of the Board.

(3) The Minister may at any time remove from office a member of the Board if, in the opinion of the Minister—

(a) the member has become incapable through ill-health of performing his or her duties,

(b) the member has committed stated misbehaviour, or

(c) the removal of the member appears to be necessary for the effective performance by the Board of its functions.

(4) A member of the Board shall cease to be qualified for office and shall cease to hold office if he or she—

(a) is adjudicated bankrupt,

(b) makes a composition or arrangement with creditors,

(c) is sentenced by a court of competent jurisdiction to a term of imprisonment,

(d) is convicted of any indictable offence in relation to a company or any other body corporate,

(e) is convicted of an offence involving fraud or dishonesty,

(f) has a declaration under section 819 of the Companies Act 2014 made against him or her or is deemed to be subject to such a declaration by virtue of Chapter 5 of Part 14 of that Act, or

(g) is subject, or is deemed to be subject, to a disqualification order within the meaning of Chapter 4 of Part 14 of the Companies Act 2014, whether by virtue of that Chapter or any other provision of that Act.

4. (1) If a member of the Board dies, resigns, ceases to be qualified for or ceases to hold office or is removed from office for any reason, the Minister may appoint a person to be a member of the Board to fill the casual vacancy so occasioned in the same manner as the member who occasioned the casual vacancy was appointed.

(2) A person appointed to be a member of the Board pursuant to *subparagraph(1)*—

(a) holds office for so much of the term of office of the member who occasioned the casual vacancy concerned as remains unexpired at the date of the appointment, and

(b) is eligible for re-appointment as a member of the Board on the expiry of that term of office.

5. (1) The Board shall hold such and so many meetings as may be necessary for the due performance of its functions but in each year shall hold not less than one meeting in each period of 3 months.

(2) The chairperson shall convene a meeting of the Board when requested to do so by not less than the number of members which constitutes a quorum.

(3) The quorum for a meeting of the Board shall be 6.

(4) At a meeting of the Board—

(a) the chairperson shall, if present, be the chairperson of the meeting, or

(b) if and so long as the chairperson is not present or the office of chairperson is vacant, the members of the Board who are present shall choose one of their number to be chairperson of the meeting.

(5) Every question at a meeting of the Board shall be determined by a majority of the votes of the members of the Board present and voting on the question and, in the case of an equal division of votes, the chairperson shall have a second or casting vote.

(6) Subject to *subparagraph (3)*, the Board may act notwithstanding one or more vacancies among its members.

(7) The Board may hold or continue a meeting by the use of any means of communication by which all the members can hear and be heard at the same time (in this Schedule referred to as an “electronic meeting”).

(8) A member of the Board who participates in an electronic meeting is taken for all purposes to be present at the meeting.

6. (1) The Board may establish committees, consisting in whole or in part of persons who are members of the Board or members of the staff of An tÚdarás, to assist and advise it in relation to the performance of any of its functions.

(2) In appointing members of a committee established under this paragraph, the Board shall have regard to—

(a) the range of qualifications and experience necessary for the proper and effective discharge of the functions of the committee, and

(b) the objective that not less than 40 per cent of members of the committee shall be women and not less than 40 per cent of them shall be men.

(3) An tÚdarás may pay to members of a committee established under this paragraph such allowances for expenses (if any) incurred by them as the Board may, with the consent of the Minister and the approval of the Minister for Public Expenditure and Reform, determine.

(4) The Board may for stated reasons remove a member of a committee established under this paragraph from the committee at any time.

(5) The acts of a committee shall be subject to confirmation by the Board, unless the Board otherwise determines.

(6) A committee established under this paragraph may regulate, by standing order or otherwise, its procedure and business.

(7) The Board may appoint a person to be chairperson of a committee established under this paragraph.

(8) A committee shall provide the Board with such information as it may from time to time require, in respect of the committee’s activities and operations, for the purposes of the performance by the Board of its functions.

(9) The Board may at any time dissolve a committee established under this paragraph.

7. (1) Where a member of the Board is—

(a) nominated as a member of Seanad Éireann,

(b) elected as a member of either House of the Oireachtas or to be a member of the European Parliament, or

(c) regarded pursuant to Part XIII of the Second Schedule to the European Parliament Elections Act 1997 as having been elected to that Parliament,

he or she shall thereupon cease to be a member of the Board.

(2) A person who is for the time being entitled under the Standing Orders of either House of the Oireachtas to sit in that House or who is a member of the European Parliament shall be disqualified, while he or she is so entitled or is such a member, from being a member of the Board or a member of a committee established under *paragraph 6*.

8. (1)*Subparagraph(2)* applies where at a meeting of the Board any of the following matters arise, namely—

(a) an arrangement to which An tÚdarás is a party,

(b) an arrangement to which An tÚdarás proposes to become a party,

(c) a contract or other agreement with An tÚdarás, or

(d) a proposed contract or other agreement with An tÚdarás.

(2) Any member of the Board present at the meeting referred to in *subparagraph(1)* who has a pecuniary interest or other beneficial interest in, or material to, the matter concerned shall—

(a) disclose to the Board at the meeting the fact of that interest and its nature,

(b) not influence (or seek to influence) a decision to be made in relation to the matter,

(c) absent himself or herself from the meeting, or that part of the meeting, during which the matter is being discussed,

(d) take no part in any deliberation of the Board relating to the matter, and

(e) not vote on a decision relating to the matter.

(3) Where an interest is disclosed pursuant to this paragraph, the disclosure shall be recorded in the minutes of the meeting concerned and, for so long as the matter to which the disclosure relates is being dealt with by the meeting, the member of the Board by whom the disclosure is made shall not be counted in the quorum for the meeting.

(4) Where at a meeting of the Board a question arises as to whether or not a course of conduct, if pursued by a member of the Board, would constitute a failure by him or her to comply with the requirements of *subparagraph(2)*, the question may, subject to *subparagraph (5)*, be determined by the chairperson of the meeting, whose decision shall be final, and where the question is so determined, particulars of the determination shall be recorded in the minutes of the meeting.

(5) Where, at a meeting of the Board, the chairperson of the meeting is the member in respect of whom a question to which *subparagraph (4)* applies falls to be determined, the other members of the Board attending the meeting shall choose one of their number to be chairperson of the meeting for the purpose of determining the question concerned.

(6) Where the Minister is satisfied that a member of the Board has failed to comply with the requirements of *subparagraph(2)*, the Minister may, if he or she considers it appropriate to do so, remove that member from office and, where a person is removed from office pursuant to this subparagraph, he or she shall thenceforth be disqualified for membership of the Board.

9. *Paragraph 8* shall apply to a member of a committee established under *paragraph 6* where the member is not also a member of the Board and for the purposes of that application—

(a) a reference to a member of the Board shall be construed as reference to a member of the committee, and

(b) a reference to the Board shall be construed as reference to the committee.

10. (1) A person shall not disclose confidential information obtained by him or her while performing functions as—

(a) a member of the Board, or

(b) a member of a committee established under *paragraph 6*,

unless he or she is authorised by the Board to so do.

(2) A person who contravenes *subparagraph(1)* commits an offence.

(3) Nothing in this paragraph shall prevent the disclosure of information—

(a) in a report made to the Board,

(b) by or on behalf of the Board to the Minister,

(c) by a member of the Board to the Minister, or

(d) by a person in the circumstances referred to in section 35(2) of the Ethics in Public Office Act 1995.

(4) In this paragraph, “confidential information” includes—

(a) information that is expressed by the Board to be confidential either as regards particular information or as regards information of a particular class or description, and

(b) proposals of a commercial nature or tenders submitted to the Board by contractors, consultants or any other person.

11. Subject to this Act, the Board shall regulate, by standing orders or otherwise, its procedure and business.

## SCHEDULE 3 Superannuation

*Section 31*

1. An tÚdarás may, after the commencement of *section 7* and subject to *section 31*, prepare and submit to the Minister a scheme or schemes amending the schemes made under section 15 of the Higher Education Authority Act 1971 for the granting of superannuation benefits to or in respect of—

(a) such members of the staff of An tÚdarás (including the Chief Executive Officer, but not including persons to whom the Single Public Service Pension Scheme applies by virtue of Chapter 2 of Part 2 of the Public Service Pensions (Single Scheme and Other Provisions) Act 2012) as it considers appropriate, and

(b) former members of the staff of An tÚdarás, including those who are deceased.

2. Every scheme shall fix the time and conditions of retirement for all persons to, or in respect of whom, superannuation benefits are payable under the scheme, and different times and conditions may be fixed in respect of different classes of persons.

3. The Minister for Public Expenditure and Reform may amend the time and conditions of retirement and any such amendments shall be included in the scheme.

4. An tÚdarás may prepare and submit to the Minister a scheme amending or revoking a scheme previously submitted and approved under this Schedule.

5. A scheme or amending scheme submitted to the Minister under this Schedule shall, if approved by the Minister, with the consent of the Minister for Public Expenditure and Reform, be carried out by An tÚdarás in accordance with its terms.

6. Every scheme made under this Schedule shall make provision for appeals.

7. A superannuation benefit shall not be granted by An tÚdarás to or in respect of any members of the staff of An tÚdarás (including the Chief Executive Officer) who are members of a scheme made under section 15 of the Higher Education Authority Act 1971 or a scheme under this Schedule and no other arrangement shall be entered into for the provision of any superannuation benefit to such persons on their ceasing to hold office, other than in accordance with a scheme made under that section 15 or such scheme or schemes submitted and approved under this Schedule or an arrangement approved by the Minister, with the consent of the Minister for Public Expenditure and Reform.

8. The Minister shall cause every scheme submitted and approved under this Schedule to be laid before each House of the Oireachtas as soon as may be after it is approved, and if either House within the next 21 days on which that House sits after the scheme is laid before it, passes a resolution annulling the scheme, the scheme shall be annulled accordingly, but without prejudice to anything previously done thereunder.

## SCHEDULE 4 Consequential amendments of enactments

*Section 145*

| **Number and Year** **(1)** | **Short Title** **(2)** | **Amendments** **(3)** |

| --- | --- | --- |

| No. 28 of 1971 | National College of Art and Design Act 1971 | In section 14, the substitution of the following subsection for subsection (3): “(3) Whenever and for so long as the College is a designated institution of higher education within the meaning of the *Higher Education Authority Act 2022*, this section and section 16(2) shall cease to have effect.”. |

| No. 16 of 1992 | Regional Technical Colleges Act 1992 | In section 13(1), the substitution of “*section 19* of the *Higher Education Authority Act 2022*” for “section 12 of the Higher Education Authority Act 1971”. |

| No. 24 of 1997 | Universities Act 1997 | In section 3— |

| | | (a) in the definition of “An tÚdarás”, the substitution of “An tÚdarás um Ard-Oideachas” for “the body established by section 2 of the Higher Education Authority Act 1971”, (b) in the definition of “chairperson”, the deletion of “the chief officer,”, (c) in the definition of “governing authority”, the deletion of paragraphs (a) and (b), (d) the deletion of the definition of “Visitor”, and (e) the insertion of the following definitions: “ ‘education and training board’ means an education and training board established under the Education and Training Boards Act 2013; ‘education and training board area’ has the meaning assigned to it by the Education and Training Boards Act 2013;”. In section 9(5), the substitution of “section 19 of the *Higher Education Authority Act 2022* and section 37(1)” for “section 12 of the Higher Education Authority Act 1971 and section 37(2)”. In section 15(1), the deletion of “Subject to section 21,”. In section 23— (a) the substitution of “chairperson of the Board” for “Chairman” wherever it occurs in subsection (2), (b) the deletion of subsection (6), and (c) in subsection (7), the deletion of— (i)“, or person or body appointed under subsection (6),” and (ii)“or body”. In section 25(1)— (a) in paragraph (a), the insertion of “and” after “by the Government,”, (b) the substitution of “subsequent budgets.” for “subsequent budgets, and” in paragraph (b), and (c) the deletion of paragraph (c). In section 49— (a) the substitution of “functions under *section 9* of the *Higher Education Authority Act 2022*” for “general functions under section 3 of the Higher Education Authority Act 1971”, and (b) the substitution of “information provided under section 51” for “matters referred to in section 50, having regard to any guidelines issued in accordance with that section and information provided in accordance with section 51” in paragraph (d). In section 54(1), the substitution of “*section 19* of the *Higher Education Authority Act 2022*” for “section 12 of the Higher Education Authority Act 1971”. |

| No. 26 of 2005 | Social Welfare Consolidation Act 2005 | In the definition of “institution of education” in section 148(2)— (a) the substitution of the following paragraph for paragraph (d): “(d) a designated institution of higher education within the meaning of the *Higher Education Authority Act 2022* that falls under paragraph (a) of section 53(1) of that Act,”, (b) the deletion of paragraphs (b), (c), (f) and (g), and (c) the substitution of the following paragraph for paragraph (h): “(h) any institution which is not an institution for the purposes of paragraph (a) or (d) and which is an ‘approved institution’ within the meaning of the Student Support Act 2011 and falls under paragraph (d), (e), (f) or (g) of section 7(1) of that Act, or”. |

| No. 6 of 2009 | Charities Act 2009 | In the definition of “education body” in section 2(1), the substitution of the following paragraph for paragraph (f): “(f) a designated institution of higher education within the meaning of the *Higher Education Authority Act 2022* that falls under paragraph (a) of section 53(1) of that Act, or”. |

| No. 4 of 2011 | Student Support Act 2011 | In sections 7(2)(b) and 14A(1)(b), the substitution of “An tÚdarás um Ard-Oideachas” for “the Higher Education Authority”. |

| No. 28 of 2012 | Qualifications and Quality Assurance (Education and Training) Act 2012 | In section 2(1), the deletion of the definition of “institution of higher education” and the insertion of the following definition: “ ‘designated institution of higher education’ has the same meaning as it has in the *Higher Education Authority Act 2022*;”. In section 27(4)(b), the substitution of “designated institutions of higher education” for “institutions of higher education”. In section 34(4)(b), the substitution of “a designated institution of higher education” for “an institution of higher education”. In section 42(2)(b), the substitution of “a designated institution of higher education” for “an institution of higher education”. In section 57(3)(b), the substitution of “a designated institution of higher education” for “an institution of higher education”. In section 65(6), the deletion of paragraph (f). |

| No. 40 of 2013 | Child and Family Agency Act 2013 | In the definition of “public body” in section 2, the substitution of the following paragraph for paragraph (i): “(i) a designated institution of higher education within the meaning of the *Higher Education Authority Act 2022* that falls under paragraph (a) of section 53(1) of that Act and that is also a funded body within the meaning of that Act;”. |

| No. 14 of 2014 | Protected Disclosures Act 2014 | In the definition of “public body” in section 3(1), the substitution of the following paragraph for paragraph (i): “(i) a designated institution of higher education within the meaning of the *Higher Education Authority Act 2022* that falls under paragraph (a) of section 53(1) of that Act and that is also a funded body within the meaning of that Act;”. |

| No. 3 of 2018 | Technological Universities Act 2018 | In subsections (1) and (5) of section 20, the substitution of “*section 19* of the *Higher Education Authority Act 2022*” for “section 12 of the Higher Education Authority Act 1971”. In section 55— (a) the substitution of the following subsection for subsection (3): “(3) The governing body, comprising the president and persons appointed under subsection (2), shall within 6 months of the appointed day comply with section 12(4), (7) and (8).”, (b) in paragraph (b) of subsection (4), the substitution of “appointed under section 12(2)(b) or (d)” for “elected under section 12(1)(c), (d) or (e) or 12(2)(c), (d) or (e) or appointed under 12(1)(h) or 12(2)(h)”, and (c) in paragraph (b) of subsection (5), the substitution of “section 12(6)(b)” for “section 12(3)(b)”. |

| S.I. No. 230 of 2018 | European Communities (Reception Conditions) Regulations 2018 | In Schedule 6, the substitution of the following paragraph for paragraph (j) “(j) a designated institution of higher education within the meaning of the *Higher Education Authority Act 2022* that falls under paragraph (a) of *section 53(1)* of that Act and that is also a funded body within the meaning of that Act.”. |