PART IV

Higher Education And Training Awards Council

Chapter I

The Council: General Provisions

21. —(1) There shall stand established a body to be known as Comhairle na nDámhachtainí Ardoideachais agus Oiliúna or in the English language as the Higher Education and Training Awards Council (in this Part referred to as “the Council”) to perform the functions conferred on it by or under this Act.

(2) The Council shall be a body corporate with perpetual succession and an official seal and power to sue and be sued in its corporate name and, with the consent of the Minister, to acquire, hold and dispose of land or an interest in land and to acquire, hold and dispose of any other property.

(3) A higher education and training award of the National Council for Educational Awards, the National Council for Vocational Awards, An Foras, the National Tourism Certification Board or Teagasc, which was made before the commencement of this Part, shall be deemed to be an award made by the Council.

(4) The Council may, for a period of five years from the commencement of this Part, make or recognise higher education and training awards where it is satisfied that the National Council for Educational Awards, the National Council for Vocational Awards, An Foras, the National Tourism Certification Board or Teagasc—

(a) had, before the commencement of this Part, validated, or

(b) would, but for the commencement of this Part, have validated,

the programme of education and training concerned for the purposes of making or recognising higher education and training awards.

22. —(1) The Council shall consist of 15 members.

(2) The members of the Council shall be—

(a) the chairperson of the Council,

(b) the chief executive of the Council,

(c) the chief executive of the Further Education and Training Awards Council,

(d) two persons nominated by the Minister, one of whom shall be a person who, in the opinion of the Minister, is representative of providers of education and training, other than recognised institutions,

(e) one person nominated by the Minister for Enterprise, Trade and Employment,

(f) three persons nominated by recognised institutions,

(g) one person who, in the opinion of the Minister, is representative of learners in recognised institutions,

(h) one person who, in the opinion of the Minister, is representative of employees of recognised institutions,

(i) one person nominated by the Irish Business and Employers Confederation,

(j) one person nominated by the Irish Congress of Trade Unions, and

(k) two persons nominated in accordance with subsection (3).

(3) Subject to subsection (1), the Council shall nominate as members two persons who have a special knowledge and experience related to the functions of the Council, at least one of whom shall be a person with relevant international experience related to those functions.

(4) The First Schedule shall apply to the Council.

(5) The Minister may make regulations for the purposes of nominations to be made under subsection (2) or (3).

(6) Where a nomination is made under subsection (2) or (3), regard shall be had to the desirability of an appropriate gender balance and where a person or body has more than one nomination under this section, the person or body shall nominate at least one male and at least one female.

23. —(1) The functions of the Council shall be as follows:

(a) to establish and publish, in such form and manner as it thinks fit, policies and criteria for—

(i) the making of higher education and training awards, and

(ii) the validation of programmes of higher education and training,

and to review such policies and criteria not less than once in every five years;

(b) to determine standards of knowledge, skill or competence to be acquired by learners—

(i) before a higher education and training award may be made by the Council or by a recognised institution to which authority to make awards has been delegated under section 29 , or

(ii) who request from the Council recognition of an award made by a body other than the Council or a recognised institution to which authority to make awards has been delegated under section 29 ;

(c) to make or recognise higher education and training awards given or to be given to persons who apply for those awards and who, in the opinion of the Council, have achieved the standard determined by the Council under paragraph (b);

(d) to monitor and evaluate the quality of programmes of education and training in respect of which awards are made or recognised under paragraph (c);

(e) to ensure that—

(i) providers of programmes of education and training whose programmes are validated under section 25 , and

(ii) recognised institutions to which authority to make awards has been delegated under section 29 ,

establish procedures for the assessment of learners which are fair and consistent and for the purpose of compliance with standards determined by the Council under paragraph (b);

(f) to promote the higher education and training awards of the Council;

(g) to facilitate and assist the Authority in carrying out its functions;

(h) to consult with and advise the Minister or any other Minister, as the case may be, on such matters in respect of its functions as the Minister or any other Minister may request or as the Council thinks fit, and to inform the Authority of any such consultation and advice, and

(i) to do all such acts or things as are necessary or expedient for the purpose of the exercise of its functions.

(2) The Council, in the performance of its functions, shall—

(a) consult, as it considers appropriate, with providers of higher education and training or other persons or bodies,

(b) following consultation with the Authority, inform itself of practices outside the State in respect of matters relevant to its functions,

(c) following consultation with the Authority, inform itself of the education, training, skills and qualifications requirements of industry, including agriculture, business, tourism, trade, the professions and the public service, including the level of knowledge, skill or competence to be acquired by learners and promote practices in higher education and training which meet those requirements, and

(d) ensure that procedures for access, transfer and progression determined by the Authority under section 8 (2)(d) are implemented by—

(i) providers of programmes of education and training whose programmes are validated under section 25 , and

(ii) recognised institutions to which authority to make awards has been delegated under section 29 .

(3) The Council may request—

(a) a provider of programmes of education and training whose programmes are validated under section 25 , or

(b) a recognised institution to which authority to make awards has been delegated under section 29 ,

to assist the Council in forming an opinion as to whether a person has achieved the standard determined by the Council under paragraph (b) of subsection (1) for the purpose of making or recognising a higher education and training award under paragraph (c) of that subsection.

24. —(1) The recognised institutions of the Council shall be—

(a) the institutions established by or under section 3 of the Act of 1992, and

(b) any other institution which is designated as a recognised institution of the Council under subsection (2).

(2) The Minister may, following consultation with recognised institutions and subject to the agreement of the educational or training institution concerned, by order designate an educational or training institution established—

(a) by or under an Act of the Oireachtas, or

(b) by a Minister or by the Government,

as a recognised institution of the Council.

25. —(1) Subject to subsections (2) and (3), a provider of a programme of education and training may apply to the Council for validation of that programme.

(2) (a) Subject to paragraphs (b) and (c) and subsection (3), recognised institutions, An Foras, CERT, Teagasc and An Bord Iascaigh Mhara shall apply under subsection (1) to the Council to have all programmes of higher education and training which they provide, organise or procure validated by the Council.

(b) Paragraph (a) shall not apply to a programme of higher education and training in respect of which a recognised institution has authority delegated to it under section 29 to make an award.

(c) Where a recognised institution has entered into arrangements or made arrangements under section 5(1)(b) of the Act of 1992, subject to the agreement of the Council and the Authority, paragraph (a) shall not apply to a programme of higher education and training provided by such recognised institution for such period, not exceeding five years from the commencement of this Part, as may be determined by the Council with the agreement of the Authority.

(3) Where a programme of higher education and training is organised or procured, in whole or in part, by a provider (“the first mentioned provider”) and is provided, in whole or in part, by another provider (“the second mentioned provider”), the first mentioned provider shall consult with the second mentioned provider before making an application for validation under subsection (1) or (2).

(4) The Council may, on receipt of an application under subsection (1) or (2)—

(a) subject to such conditions as it thinks fit, validate a programme of education and training where it is satisfied that the programme concerned meets the criteria determined by the Council under paragraph (a)(ii) of section 23 (1), or

(b) refuse validation.

(5) The conditions referred to in subsection (4)(a) shall include, but not necessarily be limited to, conditions requiring the provider concerned to—

(a) co-operate with and assist the Council, and the Authority where appropriate, in the performance of their functions,

(b) establish the procedures referred to in section 23 (1)(e),

(c) implement the procedures referred to in section 23 (2)(d), and

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

26. —(1) The Council may, at any time, review a programme of education and training validated under section 25 .

(2) Following a review under subsection (1), where the Council is of the opinion—

(a) that a programme of education and training validated under section 25 no longer meets the criteria determined by the Council under paragraph (a)(ii) of section 23 (1), or

(b) that the conditions specified by the Council under paragraph (a) of section 25 (4) are not being complied with, or

(c) that there are other reasonable grounds for withdrawing its validation.

the Council shall inform the provider of the programme concerned, by notice in writing, of its opinion and the reasons for that opinion and the notice shall state that the provider may make representations to the Council in relation to that opinion not later than one month after the receipt of the notice by the provider.

(3) Where, after the expiration of one month from the service of the notice referred to in subsection (2) and after consideration of any representations made to the Council, the Council remains of that opinion, it may withdraw its validation of the programme concerned, by notice in writing addressed to the provider, from such date as it considers appropriate and having regard to the interests of the learners concerned and until such time as it may be satisfied of whichever of the following is appropriate—

(a) that the programme concerned meets the criteria determined by the Council under paragraph (a)(ii) of section 23 (1), or

(b) that the conditions specified by the Council under paragraph (a) of section 25 (4) are being complied with, or

(c) that the grounds for withdrawing validation referred to in subsection (2)(c) no longer exist.

27. —(1) Where the Council refuses to validate a programme of education and training under section 25 or withdraws its validation of a programme under section 26 , the provider of the programme concerned may appeal that refusal or withdrawal to the Authority which may, following consultation with the Council—

(a) confirm the decision of the Council, or

(b) annual the decision of the Council and substitute its decision for the decision of the Council.

(2) The Council shall comply with a decision made by the Authority under subsection (1)(b).

28. —(1) Subject to subsection (6), as soon as practicable after the commencement of this Part and at such other times as the Council after consultation with the provider concerned thinks fit—

(a) a provider of a programme of education and training whose programme has been validated by the Council under section 25 , or

(b) a recognised institution to which authority has been delegated under section 29 to make awards in respect of a programme of higher education and training.

shall, 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, organised or procured by that provider as part of the programme concerned and shall agree those procedures with the Council.

(2) Without prejudice to the generally 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 Council of the programme of education and training concerned, including evaluation by persons who are competent to make national and international comparisons in that respect,

(b) evaluation by learners of that programme, and

(c) evaluation of services related to that programme,

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

(3) The Council shall consider the findings arising out of the application of procedures established under subsection (1) and may make recommendations to the provider of the programme concerned which that provider shall implement.

(4) The Council shall, from time to time and as directed from time to time by the Authority, in consultation with the provider of a programme of education and training, review the effectiveness of the procedures established under subsection (1) and the implementation by the provider concerned of the findings arising out of the application of those procedures.

(5) The Council shall—

(a) report to the Authority on, and,

(b) publish in such form and manner as the Authority thinks fit,

the results of a review under subsection (4) and shall include in a report or publication the views, if any, of the provider of the programme concerned.

(6) Where a programme of higher education and training is organised or procured, in whole or in part, by a provider (“the first mentioned provider”) and is provided, in whole or in part, by another provider (“the second mentioned provider”), the first mentioned provider shall, in addition to the requirements specified in subsection (1), in so far as the procedures to be established under that subsection relate to that part of the programme provided by the second mentioned provider, agree those procedures with the second mentioned provider.