Chapter II

Delegation of Authority

29. —(1) Subject to subsection (2), a recognised institution may request the Council to delegate to it the authority to make higher education and training awards.

(2) Where a programme of higher education and training is organised or procured, in whole or in part, by a recognised institution and is provided, in whole or in part, by any other provider, the recognised institution shall consult with such other provider before making a request under subsection (1) for delegation of authority to make awards in respect of that programme.

(3) Upon receipt of a request under subsection (1), the Council shall determine and publish, in such form and manner as it thinks fit, criteria for the purposes of this section and shall, in accordance with subsection (4), review—

(a) the operation and management of the recognised institution concerned in relation to programmes of higher education and training provided, organised or procured by that recognised institution, and

(b) those programmes.

(4) In carrying out a review under subsection (3), the Council shall implement the procedures agreed from time to time with the Authority which procedures shall include—

(a) evaluation by the recognised institution of—

(i) the operation and management of the recognised institution concerned in relation to programmes of higher education and training provided, organised or procured by that institution, and

(ii) those programmes,

(b) where the Council, with the agreement of the Authority, is satisfied with the result of the evaluation referred to in paragraph (a), subsequent evaluation by such persons who have a particular knowledge and experience related to higher education and training, as the Council considers appropriate, including persons with relevant international experience, and

(c) publication, in such form and manner as the Council thinks fit, of a report of the findings of those evaluations.

(5) Where the Council is satisfied, with the agreement of the Authority, following a review under subsection (3), that—

(a) the operation and management of a recognised institution in relation to programmes of higher education and training provided, organised or procured by the recognised institution, and

(b) those programmes,

meet the criteria determined by the Council for the purposes of this section with the agreement of the Authority, then the Council may delegate to that recognised institution the authority to make such higher education and training awards, subject to such conditions as it thinks fit, as the Council specifies by notice in writing to the recognised institution concerned and the Authority.

(6) The conditions referred to in subsection (5) shall include, but not necessarily be limited to, conditions requiring the recognised institution 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 requires for the purposes of the performance of the functions of the Council, including information in respect of completion rates.

(7) The Council shall, for the purpose of determining the conditions referred to in subsection (5), have regard, in particular, to programmes, if any, referred to in subsection (2).

(8) A review which, at the commencement of this Part, has been or is being conducted on the direction of the Minister in relation to the delegation of authority to an institution established by or under section 3 of the Act of 1992 to make higher education and training awards, which following such commencement becomes a recognised institution, shall be a review for the purposes of this section where the Minister so determines and the Minister shall inform the Council, by notice in writing, of any such determination and may give such directions to the Council and the Authority, as he or she considers appropriate.

30. —(1) The Council shall from time to time as it thinks fit and in any case not less than once in every five years, or as directed from time to time by the Authority, review, in such manner as it thinks fit—

(a) the operation and management of a recognised institution, to which authority to make awards has been delegated under section 29 , in relation to programmes of higher education and training provided, organised or procured by that institution, and

(b) those programmes.

(2) Where the Council, having carried out a review under subsection (1), is of the opinion—

(a) (i) that the operation or management of the recognised institution concerned in relation to programmes of higher education and training provided, organised or procured by that recognised institution, or

(ii) that those programmes,

do not meet the criteria determined by the Council under section 29 (5), or

(b) that the conditions specified by the Council under section 29 (5) are not being complied with, or

(c) that there are other reasonable grounds for withdrawing the authority to make awards delegated to that recognised institution under section 29 ,

it shall inform the recognised institution concerned, by notice in writing, of its opinion and the reasons for that opinion and the notice shall state that the recognised institution may make representations to the Council in relation to that withdrawal not later than three months after the receipt of the notice by the institution.

(3) Where, after the expiration of three months 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 the authority to make awards delegated to the recognised institution under section 29 , by notice in writing addressed to that recognised institution, from such date as it considers appropriate and until such time as it may be satisfied of whichever of the following is appropriate—

(a) (i) that the operation and management of the recognised institution concerned in relation to programmes of higher education and training provided, organised or procured by that recognised institution, or

(ii) that those programmes,

meet the criteria determined by the Council under section 29 (5), or

(b) that the conditions specified by the Council under section 29 (5) are being complied with, or

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

(4) A review under subsection (1) shall be carried out in accordance with such procedures as may be determined from time to time by the Council with the agreement of the Authority and those procedures shall provide for an appeal to the Authority against a decision to withdraw the authority to make awards delegated under section 29 .