Qualifications and Quality Assurance (Education and Training) Act 2012

9.

Functions of Authority.

9.— (1) The general functions of the Authority shall be to—

(a) promote, maintain, further develop and implement the Framework,

(b) advise the Minister in relation to national policy on quality assurance and enhancement in education and training,

F5[(c) approve a providers quality assurance procedures and monitor and review the effectiveness of such procedures (including such procedures as they stand amended for the time being),]

(d) validate programmes of education and training, and review and monitor the validated programmes,

(e) establish the standards of knowledge, skill or competence to be acquired by learners before an award can be made by the Authority or by a provider to which authority to make an award has been delegated,

(f) make awards, delegate authority to make an award where it considers it appropriate and review and monitor the operation of the authority so delegated,

(g) determine policies and criteria for access, transfer and progression in relation to learners, and monitor the implementation of procedures for access, transfer and progression in relation to learners by providers,

(h) establish a code of practice for the provision of programmes of education and training to international learners,

(i) authorise the use of the international education mark by a provider that complies with the code of practice,

(j) establish, maintain and develop a database providing information on F5[awards that are awards included within the Framework], programmes of education and training which lead to F5[such awards] and any other programmes the Authority thinks appropriate,

(k) establish and maintain the register,

(l) advise and consult with the Minister, or any other Minister, on any matter which relates to its functions, at that Minister’s request,

(m) co-operate with international bodies on qualifications and quality assurance policies and their implementation and in particular to—

(i) liaise with awarding bodies outside the State for the purposes of facilitating the recognition in the State of awards of those bodies, and

(ii) facilitate the recognition outside the State of awards made in the State,

(n) ensure arrangements for the protection of learners are in place where learners have begun but not completed a programme of education and training where a provider ceases to provide the programme before completion,

(o) assist enrolled learners in finding alternative programmes of education and training where providers cease to provide a programme before F5[completion,]

(p) collect any information relating to the performance of its functions it considers F5[appropriate,]

F6[(q) share, as it considers appropriate, any information collected through the performance of its functions with a Department of State, the Office of the Revenue Commissioners, Solas and any other body the Authority considers appropriate, subject to the general law (and in particular the relevant law of the European Union and the Data Protection Act 2018),

(r) make decisions that it is appropriate that particular awards be regarded, for the purposes of this Act, as awards that are included within the Framework, and

(s) as an element of the process of making decisions of the foregoing kind, prepare and publish a list of awarding bodies for the purposes of having awards included within the Framework.]

(2) The Authority in the performance of its functions shall—

(a) inform itself of the education, training, skills and qualifications requirements of industry, agriculture, business, tourism, trade, the professions and the public service, including requirements as to the level of knowledge, skill or competence to be acquired by learners,

(b) promote practices in education and training which meet the requirements referred to in paragraph (a),

(c) inform itself of practices outside the State in respect of matters relevant to its functions,

(d) have regard to such policies of the Government relating to education and training as are notified in writing to the Authority, by the F5[Minister,]

(e) consult, as it considers appropriate, with providers, professional recognition bodies, staff and learner representatives, An tÚdarás um Ard-Oideachas, the National Council for Curriculum and Assessment, the State Examinations Commission F7[, Solas] and any other persons or bodies the F5[Authority considers appropriate,]

F7[(f) conduct any reviews that it considers necessary and expedient for the performance of its functions, and

(g) publish reports of its reviews, evaluations and determinations as it considers appropriate.]

(3) The Authority shall have all powers necessary or expedient for the performance of its functions.

(4) Subject to this Act, the Authority shall be independent in the performance of its functions.

(5) The Authority may perform any of its functions through or by any member of the staff of the Authority duly authorised in that behalf by the Authority.

(6) The Authority shall furnish the Minister with such information regarding the performance of its functions as the Minister may from time to time request.

Annotations

Amendments:

F5

Substituted (8.11.2019) by Qualifications and Quality Assurance (Education and Training) (Amendment) Act 2019 (32/2019), s. 4(1)(a)-(d), (2)(a), (b), S.I. No. 540 of 2019.

F6

Inserted (8.11.2019) by Qualifications and Quality Assurance (Education and Training) (Amendment) Act 2019 (32/2019), s. 4(1)(e), S.I. No. 540 of 2019.

F7

Inserted (8.11.2019) by Qualifications and Quality Assurance (Education and Training) (Amendment) Act 2019 (32/2019), s. 4(2)(b), (c), S.I. No. 540 of 2019.