Qualifications and Quality Assurance (Education and Training) Act 2012


Number 28 of 2012


QUALIFICATIONS AND QUALITY ASSURANCE (EDUCATION AND TRAINING) ACT 2012

REVISED

Updated to 24 April 2018


This Revised Act is an administrative consolidation of the Qualifications and Quality Assurance (Education and Training) Act 2012. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.

All Acts up to and including Vehicle Registration Data (Automated Searching and Exchange) Act 2018 (5/2018), enacted 25 April 2018, and all statutory instruments up to and including Technological Universities Act 2018 (Commencement) Order 2018 (S.I. No. 124 of 2018), made 23 April 2018, were considered in the preparation of this Revised Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to revisedacts@lawreform.ie.


Number 28 of 2012


QUALIFICATIONS AND QUALITY ASSURANCE (EDUCATION AND TRAINING) ACT 2012

REVISED

Updated to 24 April 2018


Introduction

This Revised Act presents the text of the Act as it has been amended since enactment, and preserves the format in which it was passed.

Related legislation

This Act is not collectively cited with any other Act.

Annotations

This Revised Act is annotated and includes textual and non-textual amendments, statutory instruments made pursuant to the Act and previous affecting provisions.

An explanation of how to read annotations is available at

www.lawreform.ie/annotations

Material not updated in this revision

Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked. This information is not represented in this revision but will be reflected in a revision of the amended legislation if one is available.

Where legislation or a fragment of legislation is referred to in annotations, changes to this legislation or fragment may not be reflected in this revision but will be reflected in a revision of the legislation referred to if one is available.

A list of legislative changes to any Act, and to statutory instruments from 1987, may be found linked from the page of the Act or statutory instrument at

www.irishstatutebook.ie.

Acts which affect or previously affected this revision

Technological Universities Act 2018 (3/2018)

Freedom of Information Act 2014 (30/2014)

Further Education and Training Act 2013 (25/2013)

Education and Training Boards Act 2013 (11/2013)

All Acts up to and including Vehicle Registration Data (Automated Searching and Exchange) Act 2018 (5/2018), enacted 25 April 2018, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

Qualifications and Quality Assurance (Education and Training) Act 2012 (Appeals) Regulations 2014 (S.I. No. 503 of 2014)

Protected Disclosures Act 2014 (Section 7(2)) Order 2014 (S.I. No. 339 of 2014)

Qualifications and Quality Assurance (Education and Training) Act 2012 (Operational name of Authority) Order 2012 (S.I. No. 437 of 2012)

Qualifications and Quality Assurance (Education and Training) Act 2012 (Establishment Day) Order 2012 (S.I. No. 436 of 2012)

Qualifications and Quality Assurance (Education and Training) Act 2012 (Commencement) Order 2012 (S.I. No. 421 of 2012)

All statutory instruments up to and including Technological Universities Act 2018 (Commencement) Order 2018 (S.I. No. 124 of 2018), made 23 April 2018, were considered in the preparation of this revision.


Number 28 of 2012


QUALIFICATIONS AND QUALITY ASSURANCE (EDUCATION AND TRAINING) ACT 2012

REVISED

Updated to 24 April 2018


ARRANGEMENT OF SECTIONS

PART 1

Preliminary and General

Section

1. Short title and commencement.

2. Interpretation.

3. Regulations.

4. Expenses.

5. Offences.

6. Repeals and revocation.

PART 2

Qualifications and Quality Assurance Authority of Ireland

7. Establishment day.

8. Establishment of Qualifications and Quality Assurance Authority of Ireland.

9. Functions of Authority.

10. Reviews by Authority.

11. Review of Authority by Minister.

12. Grants to Authority.

13. Co-operation with Authority.

14. Directions of Authority as to provision of information.

15. Chief executive.

16. Functions of chief executive.

17. Delegation of functions of chief executive.

18. Accountability of chief executive to Public Accounts Committee.

19. Accountability of chief executive to other Oireachtas Committees.

20. Staff.

21. Transfer of staff of dissolved body to Authority.

22. Superannuation.

23. Accounts.

24. Strategy statement.

25. Annual Report.

26. Gifts to Authority.

PART 3

Quality Assurance

27. Quality assurance.

28. Obligation of providers to prepare quality assurance procedures.

29. Quality assurance procedures and previously established universities.

30. Quality assurance procedures and relevant providers, other than previously established universities.

31. Refusal by Authority to approve proposed quality assurance procedures.

32. Quality assurance procedures and designated awarding bodies.

33. Quality assurance procedures and linked providers.

34. Review by Authority of quality assurance procedures of relevant providers.

35. Directions of Authority following review of quality assurance procedures.

36. Withdrawal by Authority of approval of quality assurance procedures.

37. Review by designated awarding bodies of quality assurance procedures of linked providers.

38. Directions of designated awarding body following review of quality assurance procedures.

39. Withdrawal by designated awarding body of approval of quality assurance procedures.

40. Review by Authority of procedures of National University of Ireland.

41. Directions of Authority to National University of Ireland following review.

42. Quality reviews by Authority.

PART 4

Standards and Awards

43. Framework of qualifications.

44. Application for validation of programme of education and training.

45. Determination of application for validation of programme of education and training.

46. Review of programme validation.

47. Withdrawal of programme validation.

48. Arrangement between providers and awarding bodies other than the Authority.

49. Authority to determine standards of knowledge, skill or competence for awards.

50. Making of an award.

51. Joint awarding arrangement.

52. Request by provider for delegation of authority to make award.

53. Determination of request for delegation of authority to make award.

54. Review by Authority of delegated authority to make award.

55. Withdrawal or variation by Authority of delegated authority to make award.

56. Procedures for access, transfer and progression in relation to learners.

57. Review by Authority of implementation of procedures for access, transfer and progression.

58. Directions of Authority following review of procedures for access, transfer and progression.

59. Withdrawal by Authority of approval of access, transfer and progression procedures.

PART 5

Code of Practice and International Education Mark

60. Code of Practice for provision of programme to international learners.

61. International education mark.

62. Annual charge for use of international education mark.

63. Review by Authority of provider’s compliance with code of practice and provider’s use of international education mark.

PART 6

Protection of Enrolled Learners

64. Interpretation.

65. Arrangements by providers for protection of enrolled learners.

66. Assistance from Authority to enrolled learners to find alternative programme.

67. Obligation on providers to furnish information to enrolled learners.

PART 7

Appeals

68. Appeals Panel.

69. Determination of appeal by Appeals Board.

70. Appeal procedures.

PART 8

Dissolution of Bodies

71. Dissolution of National Qualifications Authority of Ireland, Higher Education and Training Awards Council and Further Education and Training Awards Council.

72. Liability for loss occurring before establishment day.

73. Transfer of land and other property to Authority.

74. Transfer of rights and liabilities, and continuation of leases, licences and permissions granted by dissolved body.

75. Provisions consequent upon transfer of assets and liabilities to Authority.

76. Records of dissolved bodies.

77. Final accounts and final report of dissolved bodies.

PART 9

Miscellaneous Provisions

78. Register of providers.

79. Database.

80. Fees.

81. Provider not to be described as “institute of technology” or “regional technical college”.

82. Charter of Institute of Technology.

83. Service of documents.

PART 10

Transitional and Savings Provisions for Act of 1999 and Amendments of other Acts

84. Transitional and savings provision for Act of 1999.

85. Transition for appeals under Act of 1999.

86. Amendments of other Acts.

SCHEDULE 1

Qualifications and Quality Assurance Authority of Ireland

SCHEDULE 2

PART 1

Acts Repealed

PART 2

Statutory Instrument Revoked

SCHEDULE 3

Amendments of other Acts


Acts Referred to

Adoptive Leave Acts 1995 and 2005

Building Control Act 2007

2007, No. 21

Carer’s Leave Act 2001

2001, No. 19

Companies Act 1990

1990, No. 33

Companies Acts

Comptroller and Auditor General (Amendment) Act 1993

1993, No. 8

Education Act 1998

1998, No. 51

Ethics in Public Office Act 1995

1995, No. 22

European Parliament Elections Act 1997

1997, No. 2

Finance Act 2001

2001, No. 7

Freedom of Information Act 1997

1997, No. 13

Higher Education Authority Act 1971

1971, No. 22

Institutes of Technology Act 2006

2006, No. 25

Institutes of Technology Acts 1992 to 2006

Irish Universities Act 1908

(8 Edw. 7.) c. 38

Labour Services Act 1987

1987, No. 15

Maternity Protection Acts 1994 and 2004

Minimum Notice and Terms of Employment Acts 1973 to 2005

Organisation of Working Time Act 1997

1997, No. 20

Parental Leave Acts 1998 and 2006

Petty Sessions (Ireland) Act 1851

14 & 15 Vic., c. 93

Protection of Employees (Fixed-Term) Work Act 2003

2003, No. 29

Protection of Employees (Part-Time Work) Act 2001

2001, No. 45

Qualifications (Education and Training) Act 1999

1999, No. 26

Redundancy Payments Acts 1967 to 2007

Regional Technical Colleges Act 1992

1992, No. 16

Taxes Consolidation Act 1997

1997, No. 39

Teaching Council Act 2001

2001, No. 8

Terms of Employment (Information) Acts 1994 and 2001

The Royal College of Surgeons in Ireland (Charters Amendment) Act 2003

2003, No. 1 (Private)

Unfair Dismissals Acts 1977 to 2007

Universities Act 1997

1997, No. 24

Vocational Education Act 1930

1930, No. 29


Number 28 of 2012


QUALIFICATIONS AND QUALITY ASSURANCE (EDUCATION AND TRAINING) ACT 2012

REVISED

Updated to 24 April 2018


AN ACT TO PROVIDE FOR THE ESTABLISHMENT OF A BODY KNOWN IN THE IRISH LANGUAGE AS ÚDARÁS NA hÉIREANN UM CHÁILÍOCHTAÍ AGUS DEARBHÚ CÁILÍOCHTA OR IN THE ENGLISH LANGUAGE THE QUALIFICATIONS AND QUALITY ASSURANCE AUTHORITY OF IRELAND; TO DEFINE ITS FUNCTIONS; TO PROVIDE FOR THE DISSOLUTION OF THE NATIONAL QUALIFICATIONS AUTHORITY OF IRELAND, THE HIGHER EDUCATION AND TRAINING AWARDS COUNCIL AND THE FURTHER EDUCATION AND TRAINING AWARDS COUNCIL; TO REPEAL THE QUALIFICATIONS (EDUCATION AND TRAINING) ACT 1999; TO AMEND THE HIGHER EDUCATION AUTHORITY ACT 1971, THE REGIONAL TECHNICAL COLLEGES ACT 1992, THE FREEDOM OF INFORMATION ACT 1997, THE UNIVERSITIES ACT 1997 AND CERTAIN OTHER ACTS; AND TO PROVIDE FOR MATTERS CONNECTED THEREWITH.

[22 nd July, 2012]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Annotations:

Modifications (not altering text):

C1

Function to be performed by Chief Executive of Quality and Qualifications Ireland specified (23.07.2014) by Protected Disclosures Act 2014 (Section 7(2)) Order 2014 (S.I. No. 339 of 2014), art. 2 and sch. ref. no. 62.

2. Each person specified in column (2) of the Schedule is hereby prescribed to be the recipient of disclosures of relevant wrongdoings falling within the description of matters specified in column (3) of the Schedule in relation to the person.

Schedule

Reference Number (1)

Prescribed Person (2)

Description of matters in respect of which the person is prescribed(3)

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62

Chief Executive of Quality and Qualifications Ireland

All matters relating to quality assurance, validation of programmes of education and training, the making of awards, the delegation of authority to make awards, the establishment of the Code of Practice for the provision of programmes of education and training to international learners and the authorisation to use the International Education Mark, as provided for by the Qualifications and Quality Assurance (Education and Training) Act 2012 (No. 28 of 2012).

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