PART VII

Protection For Learners

43. —(1) The Higher Education and Training Awards Council and the Further Education and Training Awards Council shall not—

(a) validate a programme of education and training pursuant to section 15 or 25, as the case may be, or

(b) make or recognise any award in respect of a programme of education and training,

being in either case a programme of a duration of three months or more, which is provided by a provider which intends to operate programmes of education and training on a commercial and profit-making basis, unless the Higher Education and Training Awards Council or the Further Education and Training Awards Council, as the case may be, is satisfied that the provider concerned has arrangements in place which make provision for learners where that provider ceases to provide the programme concerned.

(2) In this Part “arrangements in place” means—

(a) that the provider of the programme concerned has arrangements in place with at least two other providers which provide that a learner may transfer to similar programmes provided by those other providers, or

(b) in the case of a provider who considers, subject to the agreement of the Higher Education and Training Awards Council or the Further Education and Training Awards Council, as the case may be, that it is not practicable to have arrangements in place as specified in paragraph (a), such provider has arrangements in place which enable that provider to refund to a learner, or to the person who paid the moneys concerned on behalf of the learner, the moneys most recently paid to the provider in respect of that programme.

(3) (a) The Higher Education and Training Awards Council and the Further Education and Training Awards Council shall each maintain a register of programmes of education and training in respect of which there are arrangements in place in accordance with subsection (1).

(b) A register referred to in paragraph (a) shall be kept in such form and manner as the Authority may from time to time direct and the Authority shall publish, in such form and manner as the Authority considers appropriate, details of the register concerned.

(4) The requirement to provide information in accordance with section 15 (5)(d) or 25(5)(d), as the case may be, may include information in respect of arrangements which a provider is required to have in place in accordance with this section.

(5) References in this Part to a provider ceasing to provide a programme of education and training include ceasing to provide the programme concerned for whatever reason, including—

(a) the insolvency of the provider, or

(b) withdrawal of validation of the programme concerned by the Higher Education and Training Awards Council or the Further Education and Training Awards Council, as the case may be,

before completion of that programme.

44. —(1) Where a provider of a programme of education and training to which section 43 applies ceases to provide the programme concerned, the relevant body shall make all reasonable efforts to assist the learners concerned to find an appropriate programme of education and training with another provider which will enable them to complete that education and training.

(2) Subsection (1) applies without prejudice to the duties and obligations of the provider of a programme of education and training to the learners concerned.

(3) In this section “relevant body” means whichever of the Further Education and Training Awards Council or the Higher Education and Training Awards Council made or recognised an award or was to make or recognise an award in respect of the programme of education and training concerned.

45. —(1) Subject to subsection (2), a provider, before accepting any moneys from or on behalf of a learner (other than moneys paid on behalf of a learner from funds provided by the Oireachtas), in respect of a programme of education and training of a duration of three months or more, shall, by notice in writing, inform the learner by whom or on whose behalf the moneys are to be paid—

(a) whether the provider is required under section 43 to have arrangements in place and the nature of those arrangements, or

(b) of other procedures (if any) that the provider maintains for the protection of the learners concerned if the provider ceases to provide that programme.

(2) Subsection (1) shall apply whether or not the Higher Education and Training Awards Council or the Further Education and Training Awards Council make or recognise any award in respect of the programme of education and training concerned.

46. —(1) Subject to subsection (2), a provider which intends to operate a programme of education and training shall, by notice in writing, in respect of a programme of a duration of three months or more, inform the learner—

(a) before the commencement of the programme, or

(b) before accepting any moneys from or on behalf of a learner in respect of the programme,

whichever is the earlier—

(i) whether the programme concerned is accommodated through the procedures for access, transfer or progression referred to in section 8 (2)(d) and the extent of such accommodation, and

(ii) of the name of the awarding body which shall make the award where the learner successfully completes the programme concerned and the title of that award.

(2) Subsection (1) shall apply whether or not the Higher Education and Training Awards Council or the Further Education and Training Awards Council make or recognise any award in respect of the programme concerned.

47. —A provider of a programme of education and training who—

(a) falsely claims or represents that the Higher Education and Training Awards Council or the Further Education and Training Awards Council has validated the programme concerned or makes or recognises an award in respect of that programme, knowing or having reason to believe that the claim or representation is false, or

(b) falsely claims or represents that the provider concerned is a recognised institution of the Higher Education and Training Awards Council, knowing or having reason to believe that the claim or representation is false, or

(c) fails to furnish the information which the provider concerned is required to furnish under section 45 or 46, or

(d) makes a false representation to a learner in relation to the matters referred to in section 45 or 46, knowing or having reason to believe that the representation is false,

shall be guilty of an offence and shall be liable—

(i) on summary conviction, to a fine not exceeding £1,500 or, at the discretion of the court, to imprisonment for a term not exceeding 12 months, or both, or

(ii) on conviction on indictment, to a fine not exceeding £50,000 or, at the discretion of the court, to imprisonment for a term not exceeding 5 years, or both.