Chapter II

Universities established under section 9 of Act of 1997

41. —(1) This Chapter shall apply only to universities established under section 9 of the Act of 1997 (in this Chapter referred to as a “relevant university”).

(2) A relevant university shall—

(a) co-operate with and give all reasonable assistance to the Authority in carrying out its functions,

(b) implement procedures for access, transfer and progression determined by the Authority under section 8 (2)(d) in so far as those procedures apply to the relevant university concerned, and

(c) provide such information as the Authority may from time to time require for the purposes of the performance of the functions of the Authority, including information in respect of completion rates.

(3) Where the governing authority of a relevant university approves of a strategic development plan under section 34 of the Act of 1997 it shall—

(a) ensure that the plan provides the means by which that university shall perform its functions under this Act, and

(b) provide a copy of that plan to the Authority.

(4) Where the chief officer of a relevant university prepares a report on the operations and the performance of that university under section 41 of the Act of 1997, he or she shall have regard to the part or parts of the strategic development plan under section 34 of that Act relevant to the performance of the functions of the relevant university concerned under this Act.

(5) Where An tÚdarás, under section 49(a) of the Act of 1997, reviews a strategic development plan prepared by a relevant university in accordance with section 34 of that Act, it shall consult with the Authority with regard to the means by which the relevant university concerned shall perform its functions under this Act.

(6) In determining the amount of money to be allocated for the financial year to a relevant university from moneys provided to An tÚdarás pursuant to section 12 of the Higher Education Authority Act, 1971 , and section 37(2) of the Act of 1997, An tÚdarás shall ensure that the range and levels of programmes of education and training in that university and the number of learners participating in those programmes shall be in accordance with such policies as may be determined, from time to time, by the Minister, and An tÚdarás may give directions to a relevant university for those purposes.

(7) A relevant university shall act in accordance with such directions as may be given from time to time by An tÚdarás to that university under subsection (6).

(8) A relevant university may apply to the Further Education and Training Awards Council or the Higher Education and Training Awards Council to have programmes of education and training which it provides, organises or procures validated by either such Council, as appropriate.

42. —(1) A relevant university shall, as soon as practicable after the commencement of this Chapter, having regard to existing procedures, if any, establish procedures for quality assurance for the purpose of further improving and maintaining the quality of education and training which is provided by the relevant university concerned and shall agree those procedures with the Authority.

(2) Without prejudice to the generality of subsection (1), the procedures established under that subsection shall include—

(a) evaluation at regular intervals and as directed from time to time by the Authority of the programmes of education and training provided by the relevant university concerned, including evaluations by persons who are competent to make national and international comparisons in that respect,

(b) evaluation by learners of programmes of education and training provided by that university, and

(c) evaluation of services related to the programmes of education and training provided by that university,

and shall provide for the publication in such form and manner as the Authority thinks fit of findings arising out of the application of those procedures.

(3) The Authority shall consider the findings arising out of the application of procedures established under subsection (1) and may make recommendations to the relevant university which that university shall implement.

(4) The Authority shall, within five years of the commencement of this Chapter, and thereafter from time to time as it may determine but in any case not more than once in every three years and not less than once in every seven years, in consultation with the relevant university concerned, review the effectiveness of the procedures established under subsection (1) and the implementation by that university of the findings arising out of the application of those procedures.

(5) The Authority shall publish in such form and manner as it thinks fit the results of a review under subsection (4) and shall include in the publication the views, if any, of the relevant university concerned.

(6) Sections 35 and 49(b) of the Act of 1997 shall not apply to a relevant university.