Regional Technical Colleges Act 1992
F25[Functions of governing bodies.
7.—(1) The functions of the governing body of a college shall be, in pursuance of the functions of the college under section 5 but within the constraints of the college’s budget under section 13—
(a) to control and administer the land and other property of the college,
(b) to appoint the Director and such other staff as it thinks necessary for the purposes of the college, and
(c) to perform such other functions as are conferred on it by this or any other Act.
F26[(1A) The governing body of a college shall—
(a) promote the success (including academic success) and reputation of the college,
(b) satisfy itself that appropriate systems, procedures and practices are in place—
(i) for the internal performance management and accountability of the college in respect of —
(I) the performance of its functions, and
(II) the achievement of the aims in the strategic development plan under section 21C,
(ii) in order to implement, and report on compliance with, the policies (whether set out in codes, guidelines or other documents, or any combination thereof) of the Government or a Minister of the Government to the extent that those policies may affect or relate to the functions of the college,
(c) establish and implement arrangements for the management of the performance of the Director.
(1B) Without prejudice to the generality of subsections (1) and (1A), the governing body of a college shall perform the following functions with regard to the college:
(a) approve expenditure for major capital and investment projects;
(b) approve annual financial statements;
(c) provide for and maintain a system of audit;
(d) provide for and maintain a system of risk management;
(e) provide for and maintain a system of quality assurance in accordance with the Qualifications and Quality Assurance (Education and Training) Act 2012 ;
(f) review and oversee the implementation of major plans of action and provide strategic direction;
(g) delegate such functions as may be appropriate to the Director;
(h) manage the financial affairs of the college to ensure value for money and its financial viability;
(i) account to An tÚdarás for funding provided to the college by An tÚdarás.]
(2) For the purpose of the appointment of the Director under subsection (1)(b), the governing body shall develop such interview and other procedures as in its opinion will best ensure participation in the selection process by candidates of a high calibre from both within and outside of the college and shall publish such procedures in such manner as it considers appropriate.
(3) A governing body has, subject to this or any other Act, such powers as are necessary for the purposes of performing its functions.
(6) In performing its functions a governing body, or, where appropriate, F28[a committee of the governing body established under paragraph 6 of the Second Schedule] shall—
(a) comply with such policy directions as may be issued by the Minister from time to time, including directions relating to the levels and range of programmes offered by the college,
(b) have regard to the promotion and use of the Irish language as a language of general communication and promote the cultivation of the Irish language and its associated literary and cultural traditions,
(c) have regard to the attainment of gender balance and equality of opportunity among the students and staff of the college and shall, in particular, promote access to education in the college 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,
(d) ensure as far as it can that the college contributes to the promotion of the economic, cultural and social development of the State and to respect for the diversity of values, beliefs and traditions in Irish society, and
(e) have regard to the statutory responsibilities of other education providers.]
Substituted (1.02.2007) by Institutes of Technology Act 2006 (25/2006), s. 8, S.I. No. 36 of 2007.
Inserted (10.11.2022) by Higher Education Authority Act 2022 (31/2022), s. 111(a), S.I. No. 554 of 2022.
Repealed (10.11.2022) by Higher Education Authority Act 2022 (31/2022), s. 5(1), sch. 1 part 1, S.I. No. 554 of 2022.
Substituted (10.11.2022) by Higher Education Authority Act 2022 (31/2022), s. 111(b), S.I. No. 554 of 2022.
Deleted by Technological Universities Act 2018 (3/2018), s. 84, not commenced as of date of revision.
Modifications (not altering text):
Previous affecting provision: subss. (4) and (5) deleted by Technological Universities Act 2018 (3/2018), s. 84, not commenced; subss. repealed as per F-note above.