Universities Act 1997

F48[Revocation of university authorisation order

56

56.(1) References in this section to a continuing condition shall be construed in accordance with subsection (2).

(2) For the purposes of this section, each of the conditions specified in paragraph (a)(iii) and (iv) and paragraphs (b) to (g) of section 55(1) shall be regarded as a continuing condition, that is to say each such condition (with the modification, where appropriate, of it referred to in subsection (3)) shall operate as a condition that must continue to be complied with in respect of the authorised provider subsequent to the making of a university authorisation order in respect of it.

(3) For the purposes of this section, a reference in any of paragraphs (b) to (g) of section 55(1) to the time of the making of the application shall be construed as a reference to—

(a) if the power under subsection (5) has been exercised in relation to the authorised provider concerned, the time of the exercise of that power, or

(b) if a review has been conducted under this section (but the foregoing power has not been exercised in relation to the authorised provider concerned), such time during the course of the conduct of the review as An tÚdarás considers appropriate.

(4) An tÚdarás may at any time review the activities of an authorised provider for the purposes of ascertaining whether each of the continuing conditions is being complied with in respect of the provider.

(5) Where—

(a) a review under subsection (4) is being conducted, or

(b) An tÚdarás otherwise considers it appropriate to exercise the following power in relation to an authorised provider,

An tÚdarás may, by notice in writing, request the authorised provider concerned to provide to it such information, in relation to the activities of the provider, as is specified in the notice and the provider shall provide that information to An tÚdarás within such period as is specified in the notice.

(6) Where following a review under subsection (4), or upon consideration of information received from an authorised provider on foot of a notice under subsection (5) (served in the circumstances referred to in paragraph (b) of that subsection), An tÚdarás is of the opinion that any of the continuing conditions is not being complied with in respect of an authorised provider, it shall inform the Minister, in writing, of its opinion and the reasons for the opinion.

(7) Subject to subsections (8) to (12), where in relation to an authorised provider—

(a) the Minister is informed by An tÚdarás, under subsection (5), that it is of the opinion referred to in that subsection, or

(b) it otherwise comes to the notice of the Minster that any of the continuing conditions is not being complied with in respect of an authorised provider,

the Minister may, after consultation with An tÚdarás, make an order revoking the university authorisation order in respect of the provider (in this section referred to as a "revocation order").

(8) Where the Minister proposes to make a revocation order he or she shall, by notice in writing to the authorised provider concerned, inform the provider that he or she proposes to make such an order in respect of it and state the reasons for the proposed revocation.

(9) A notice under subsection (8) shall state that the authorised provider may make representations to the Minister in relation to the reasons for the proposed revocation that have been stated in the notice not later than 30 days after the service of the notice on the provider.

(10) Where, after consideration of representations (if any) made to the Minister in accordance with subsection (9), the Minister decides, for the reasons stated in the notice concerned under subsection (8), to make a revocation order in respect of the authorised provider, the Minister shall notify, in writing, the provider of that decision and of the date that the Minister proposes to specify in the order as the date on which the order shall come into operation (which date shall not be a date earlier than the end of the period within which an appeal may be brought under subsection (11)).

(11) Where the Minister makes a decision under subsection (10) to make a revocation order in respect of the authorised provider, the authorised provider may, in accordance with section 57, appeal against that decision within 30 days after the service of the notice under subsection (10).

(12) Unless, within the foregoing period, an appeal is made in accordance with section 57 against the decision of the Minister referred to in subsection (11), the Minister shall make the revocation order in respect of the authorised provider.]

Annotations:

Amendments:

F48

Inserted (6.08.2019) by Qualifications and Quality Assurance (Education and Training) (Amendment) Act 2019 (32/2019), s. 37(3), S.I. No. 419 of 2019.