Student Support Act 2011

7.

Approved institution.

7.— (1) In this Act, “approved institution” means—

( a) an educational institution to which, pursuant to section 4 of the Universities Act 1997, that Act applies,

( b) an educational institution established under section 3 of the Regional Technical Colleges Act 1992 as a regional technical college to which the Institutes of Technology Acts 1992 to 2006 apply,

F6 [ ( ba ) a technological university within the meaning of the Technological Universities Act 2018, ]

( c) the Dublin Institute of Technology,

( d) an educational institution in the State that receives a grant out of moneys provided by the Oireachtas F7 [ ] for the provision of courses of education and training known for the time being as post-leaving certificate courses,

( e) an educational institution that provides higher education and training which is situated in a Member State other than the State which is maintained or assisted by recurrent grants from public funds of that or any other Member State including the State, or

( f) an educational institution in the State that provides higher education and training and which stands prescribed for the time being pursuant to subsection (2) .

(2) Where the Minister is satisfied to do so, having—

( a) regard to any of the matters specified in subsection (3) ,

( b) consulted with the Higher Education Authority, and

( c) obtained the consent of the Minister for Finance,

he or she may prescribe an educational institution as being an approved institution for the purposes of this section.

(3) Each of the following are the matters mentioned in subsection (2):

( a) whether the institution receives one or more than one payment out of moneys made available by the Oireachtas and the amount of the payment;

( b) the policy of the institution in relation to access to education in the institution by economically or socially disadvantaged persons, by persons who have a disability and by persons from sections of society significantly under represented in the student body;

( c) the courses and facilities offered or intended to be offered to students by the institution;

( d) whether prior to the commencement of this section, the institution was an institution which, in respect of its courses, grants were made available pursuant to a scheme administered by a local authority or a vocational education committee whereby grants were provided to students to assist them in attending those courses;

( e) whether the institution is established for the principal purposes of higher education, training and research and operated and managed on a basis other than for financial gain;

( f) the requirement for the development of skills and knowledge in sectors of the economy or employment identified as requiring such development of skills and knowledge following advice received by the Minister from such person who has an interest or expertise in educational matters or the development of skills and knowledge as the Minister considers appropriate to consult for that advice;

( g) resources available for the provision of student support;

( h) any other matters which in the opinion of the Minister are proper matters to be taken into account having regard to the objective of enabling persons to attend courses of higher or further education, the need to maintain educational standards and the contribution that the institution is making to higher education in the State.

Annotations:

Amendments:

F6

Inserted (24.04.2018) by Technological Universities Act 2018 (3/2018), s. 96(a), S.I. No. 124 of 2018.

F7

Deleted (5.05.2015) by Education (Miscellaneous Provisions) Act 2015 (11/2015), commenced on enactment.

F8

Substituted by Withdrawal of the United Kingdom from the European Union (Consequential Provisions) Act 2019 (8/2019), s. 15, not commenced as of date of revision.

F9

Inserted by Withdrawal of the United Kingdom from the European Union (Consequential Provisions) Act 2019 (8/2019), s. 15, not commenced as of date of revision.

Modifications (not altering text):

C4

Prospective affecting provision: subs. (1)(e), (f) amended and (g) inserted by Withdrawal of the United Kingdom from the European Union (Consequential Provisions) Act 2019 (8/2019), s. 15, not commenced as of date of revision.

7.—(1) ...

( e) an educational institution that provides higher education and training which is situated in a Member State other than the State which is maintained or assisted by recurrent grants from public funds of that or any other Member State F8 [ including the State, ]

( f) an educational institution in the State that provides higher education and training and which stands prescribed for the time being pursuant to F8 [ subsection (2) , or ]

F9 [ ( g ) an educational institution that provides higher education and training and which

(i) is situated in a relevant specified jurisdiction, and

(ii) is maintained or assisted by recurrent grants from public funds of that jurisdiction or of any Member State including the State. ]

Editorial Notes:

E14

Power pursuant to section exercised (11.04.2019) by Student Support Regulations 2019 (S.I. No. 151 of 2019), in effect as per art. 1(2).

E15

Power pursuant to section exercised (1.01.2019) by Student Support (Amendment) Regulations 2018 (S.I. No. 586 of 2018), in effect as per art. 2.

E16

Power pursuant to section exercised (28.03.2018) by Student Support Regulations 2018 (S.I. No. 101 of 2018), in effect as per art. 1(2).

E17

Power pursuant to section exercised (31.03.2017) by Student Support Regulations 2017 (S.I. No. 126 of 2017), in effect as per art. 1(2).

E18

Power pursuant to section exercised (7.04.2016) by Student Support Regulations 2016 (S.I. No. 154 of 2016), in effect as per reg. 1(2).

E19

Power pursuant to section exercised (22.04.2015) by Student Support Regulations 2015 (S.I. No. 154 of 2015), in effect as per reg. 1(2).

E20

Power pursuant to section exercised (7.05.2014) by Student Support Regulations 2014 (S.I. No. 200 of 2014), in effect as per art. 1(2).

E21

Power pursuant to section exercised (14.05.2013) by Student Support Regulations 2013 (S.I. No. 158 of 2013), in effect as per art. 1(2).

E22

Power pursuant to section exercised (5.06.2012) by Student Support Regulations 2012 (S.I. No. 187 of 2012), in effect as per art. 1(2).

E23

Power pursuant to section exercised (27.06.2011) by Student Support Regulations 2011 (S.I. No. 304 of 2011), in effect as per art. 1(2).