Universities Act 1997

FOURTH SCHEDULE

Chief Officer

1. The chief officer of a university shall, subject to this Act, manage and direct the university in its academic, administrative, financial, personnel and other activities and for those purposes has such powers as are necessary or expedient.

2. In performing his or her functions the chief officer shall be subject to such policies as may be determined from time to time by the governing authority and shall be answerable to the governing authority for the efficient and effective management of the university and for the due performance of his or her functions.

F56[2A. The chief officer may make proposals to the governing authority on any matter relating to its functions.]

F56[2B. The chief officer shall provide the governing authority with such information (including financial information) in relation to the performance of his or her functions as the governing authority may request.]

F56[2C. The governing authority may designate an employee of the university to perform the functions of the chief officer in the absence of the chief officer or where the office of chief officer is vacant and, a member so designated, shall in such absence or upon such office being vacant, perform those functions.]

3. (1) A chief officer may delegate any of his or her functions to an employee of the university, including any functions delegated to the chief officer in accordance with section 25(2), unless they are so delegated to the chief officer subject to the condition that they shall not be sub-delegated, and the employee shall be answerable to the chief officer for the performance of those functions.

(2) Notwithstanding any such delegation, the chief officer shall at all times remain answerable to the governing authority in respect of the functions so delegated.

4. A chief officer shall not hold any other office or position without the consent of the governing authority.

5. F57[]

6. A person who, immediately before the commencement of Part III, was employed as the President of a constituent college or as Master of the Recognised College of St. Patrick's College, Maynooth shall, if he or she so consents, be appointed as the chief officer of the corresponding constituent university on that commencement.

7. Unless he or she otherwise resigns, retires or is removed from office, a chief officer shall hold office for F58[such period as the governing authority determines but the period shall not exceed 10 years from the date of the appointment of the chief officer] and, in the case of a chief officer to whom paragraph 6 applies, any period spent as President of a constituent college or as Master of the Recognised College of St. Patrick's College, Maynooth before the commencement of Part III shall be reckoned as part of that 10 year period.

F59[8. A chief officer shall, whenever required to do so by the Committee of Dáil Éireann established under the Standing Orders of Dáil Éireann to examine and report to Dáil Éireann on the appropriation accounts and reports of the Comptroller and Auditor General, give evidence to that Committee on—

(a) the regularity and propriety of the transactions recorded or required to be recorded in any book or other record of account subject to audit by the Comptroller and Auditor General that the university is required by this Act to prepare,

(b) the economy and efficiency of the university in the use of its resources,

(c) the systems, procedures and practices employed by the university for the purpose of evaluating the effectiveness of its operations, and

(d) any matter affecting the university referred to in a special report of the Comptroller and Auditor General under section 11(2) of the Comptroller and Auditor General (Amendment) Act 1993 or in any other report of the Comptroller and Auditor General (in so far as it relates to a matter specified in subparagraph (a), (b) or (c)) that is laid before Dáil Éireann.]

F59[9. A chief officer, if required under paragraph 8 to give evidence, shall not question or express an opinion on the merits of any policy of the Government or a Minister of the Government or on the merits of the objectives of such a policy.]

F59[10. From time to time and whenever so requested, a chief officer shall account for the performance of the university’s functions to a Committee of one or both Houses of the Oireachtas and shall have regard to any recommendations of such Committee relevant to these functions.]

Annotations:

Amendments:

F56

Inserted (10.11.2022) by Higher Education Authority Act 2022 (31/2022), s. 84(a), S.I. No. 554 of 2022.

F57

Deleted (10.11.2022) by Higher Education Authority Act 2022 (31/2022), s. 84(b), S.I. No. 554 of 2022.

F58

Substituted (10.11.2022) by Higher Education Authority Act 2022 (31/2022), s. 84(c), S.I. No. 554 of 2022.

F59

Inserted (1.02.2007) by Institutes of Technology Act 2006 (25/2006), s. 53(b), S.I. No. 36 of 2007.