Universities Act 1997
Staff.
25.—(1) Subject to subsection (2), a university may, in accordance with procedures specified in a statute or regulation, appoint such and so many persons to be its employees as it thinks appropriate, having regard to—
(a) the efficient use of its available resources, the requirements of accountability for the use of moneys provided to it by the Oireachtas and the policy relating to pay and conditions in the Public Service as determined from time to time by the Government, F25[and]
(b) the implications of the appointments for its budget and for F26[subsequent budgets.]
(c) F27[…]
(2) A governing authority may, subject to such conditions as it thinks fit, delegate to the chief officer any of the functions of the governing authority or the university relating to the appointment of employees of the university and the determination of selection procedures.
(3) Except as otherwise provided by this section, the employees of a university shall be employed on such terms and conditions as the university from time to time determines.
(4) Subject to subsection (5), there shall be paid by a university to the employees of that university, such remuneration, fees, allowances and expenses as may be approved from time to time by the Minister with the consent of the Minister for Finance.
(5) (a) A university may depart from levels of remuneration, fees, allowances and expenses approved under subsection (4) where the governing authority is satisfied that it is necessary to meet the objects of the university, but may do so only in accordance with a framework which shall be agreed between the universities and An tÚdarás.
(b) A corporation referred to in section 13(2)(c) may pay to employees of a university remuneration, fees, allowances and expenses only in accordance with a framework which shall be agreed between the universities and An tÚdarás.
(6) A university may suspend or dismiss any employee but only in accordance with procedures, and subject to any conditions, specified in a statute made following consultation through normal industrial relations structures operating in the university with recognised staff associations or trade unions, which procedures or conditions may provide for the delegation of powers relating to suspension or dismissal to the chief officer and shall provide for the tenure of officers.
(7) A university or the National University of Ireland shall determine the terms and conditions of any superannuation scheme for its employees in accordance with the Fifth Schedule and that Schedule shall apply to an amendment to an existing scheme in the same way as it applies to a new scheme.
(8) For the removal of doubt, it is hereby declared that—
(a) the rights and entitlement in respect of tenure, remuneration, fees, allowances, expenses and superannuation enjoyed on the commencement of this section by persons who are employees, and in the case of superannuation, former employees, of a university to which this Act applies shall not, by virtue of the operation of this Act, be any less beneficial than those rights and entitlements enjoyed by those persons as employees of the university or corresponding constituent college or Recognised College immediately before that commencement, and
(b) the conditions of service, restrictions and obligations to which such persons were subject immediately before the commencement of this Act shall, unless they are varied by agreement, continue to apply to such persons and shall be exercised or imposed by the university or the chief officer as may be appropriate, while such persons are employed by the university.
Annotations:
Amendments:
F25
Inserted (10.11.2022) by Higher Education Authority Act 2022 (31/2022), s. 145 and sch. 4, S.I. No. 554 of 2022.
F26
Substituted (10.11.2022) by Higher Education Authority Act 2022 (31/2022), s. 145 and sch. 4, S.I. No. 554 of 2022.
F27
Deleted (10.11.2022) by Higher Education Authority Act 2022 (31/2022), s. 145 and sch. 4, S.I. No. 554 of 2022.
Modifications (not altering text):
C5
Functions transferred and references to “Department of Finance” and “Minister for Finance” construed (29.07.2011) by Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011), arts. 2, 3, 5 and sch. 1 part 2, in effect as per art. 1(2), subject to transitional provisions in arts. 6-9.
2. (1) The administration and business in connection with the performance of any functions transferred by this Order are transferred to the Department of Public Expenditure and Reform.
3. The functions conferred on the Minister for Finance by or under the provisions of —
(a) the enactments specified in Schedule 1, and
…
are transferred to the Minister for Public Expenditure and Reform.
...
5. References to the Minister for Finance contained in any Act or instrument under an Act and relating to any functions transferred by this Order shall, from the commencement of this Order, be construed as references to the Minister for Public Expenditure and Reform.
...
Schedule 1
Enactments
...
Part 2
1922 to 2011 Enactments
|
Number and Year |
Short Title |
Provision |
|
(1) |
(2) |
(3) |
|
... |
... |
... |
|
No. 24 of 1997 |
Universities Act 1997 |
Section 8(1) and 25(4); Third Schedule, paragraph 9 |
|
... |
... |
... |
C6
Subs. (8) unaffected insofar as it relates to superannuation (26.06.2009) by Financial Measures (Miscellaneous Provisions) Act 2009 (14/2009), s. 9, commenced on enactment.
Application of certain other Acts.
9.— ...
(4) Nothing in this Part affects the operation of section 25 (8) of the Universities Act 1997 so far as it relates to superannuation.
C7
Subs. (7) application continued (26.06.2009) by Financial Measures (Miscellaneous Provisions) Act 2009 (14/2009), s. 13(1), (2), commenced on enactment.
Changes in rules of covered pension schemes.
13.— (1) Section 25 (7) of the Universities Act 1997 and the Fifth Schedule to that Act continue to apply in relation to a relevant pension scheme that is a university pension scheme after a transfer order is made in relation to the relevant covered pension fund, but that section and Schedule are not to be taken to authorise the amendment of the order.
(2) On and from the passing of this Act, a relevant pension scheme (other than a relevant pension scheme to which subsection (1) applies) may be amended only with the approval of the Minister for Finance where that Minister is the relevant Minister in relation to the scheme, and in any other case the relevant Minister in relation to the scheme and the Minister for Finance.
Editorial Notes:
E5
Power pursuant to subs. (7) exercised (1.01.2005, deemed) by University College Dublin, National University of Ireland, Dublin (Model) Superannuation Scheme 2023 (S.I. No. 429 of 2023), in effect as per art. 2.
E6
Power pursuant to subs. (7) exercised (11.06.2010) by National University of Ireland (Closed) Pension Scheme 2010 (S.I. No. 283 of 2010).
E7
Power pursuant to subs. (7) exercised (10.03.2010) by National University of Ireland, Galway Ollscoil na hÉireann, Gaillimh (Closed) Pension Scheme 2010 (S.I. No. 98 of 2010).
E8
Power pursuant to subs. (7) exercised (10.03.2010) by University College Cork - National University of Ireland, Cork (Closed) Pension Scheme 2010 (S.I. No. 97 of 2010).
E9
Power pursuant to subs. (7) exercised (10.03.2010) by University College Dublin, National University of Ireland, Dublin (Closed) Pension Scheme 2010 (S.I. No. 96 of 2010).
E10
Power pursuant to subs. (7) exercised (10.12.2009) by National University of Ireland, Maynooth (Closed) Pension Scheme 2009 (S.I. No. 494 of 2009).
E11
Power pursuant to subs. (7) exercised (10.12.2009) by University of Dublin Trinity College (Closed) Pension Scheme 2009 (S.I. No. 493 of 2009).
E12
Power pursuant to subs. (7) exercised (1.02.2005, deemed) by Trinity College Dublin, the University of Dublin Superannuation Scheme 2018 (S.I. No. 393 of 2018), in effect as per art. 2.
E13
Power pursuant to subs. (7) exercised (29.11.2004, deemed) by National University of Ireland, Maynooth Employee Superannuation Scheme 2017 (S.I. No. 542 of 2017), in effect as per art. 2.