Universities Act 1997

Number 24 of 1997

UNIVERSITIES ACT 1997

REVISED

Updated to 21 February 2024

This Revised Act is an administrative consolidation of the Universities Act 1997. 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 the Human Tissue (Transplantation, Post-Mortem, Anatomical Examination and Public Display) Act 2024 (5/2024), enacted 28 February 2024, and all statutory instruments up to and including the National University of Ireland, Galway (Change of Name of University) Order 2024 (S.I. No. 62 of 2024), made 23 February 2024, 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 24 of 1997


UNIVERSITIES ACT 1997

REVISED

Updated to 21 February 2024


ARRANGEMENT OF SECTIONS

PART I

Preliminary and General

Section

1.

Short title.

2.

Commencement.

3.

Interpretation.

4.

Application.

5.

Expenses.

6.

Repeals and savings.

PART II

Establishment and Identity of Universities

7.

Reconstitution of constituent colleges.

8.

Incorporation of educational institutions with existing universities.

9.

Establishment of additional universities.

10.

Change of name of university.

11.

Amendment of Dublin City University Act, 1989, and University of Limerick Act, 1989.

PART III

Universities Generally

Chapter I

Objects and Functions

12.

Objects of university.

13.

Functions of university.

14.

Academic freedom.

Chapter II

Governance

15.

Governing authority.

16.

Composition of governing authority.

16A.

Composition of governing authority of Trinity College, Dublin.

16B.

Referral of matter for conduct of General Visitation by Trinity College Visitors.

17.

Chairperson of governing authority.

18.

Functions of governing authority.

18A.

Review of matter and report by governing authority of university.

19.

Visitor. (Repealed)

20.

Visitation. (Repealed)

21.

Suspension of governing authority. (Repealed)

Chapter III

Interim Arrangements

22.

Governing bodies of existing colleges, etc., to continue in office until first governing authorities constituted.

23.

Determination of composition of first governing authority.

Chapter IIIA

Transitional arrangements for membership and chairperson of governing authority

23A.

Transitional arrangements for membership and chairperson of governing authority.

Chapter IV

Staff of University

24.

Chief officer.

25.

Staff.

26.

Dispute resolution.

Chapter V

Academic Council

27.

Academic council.

28.

Composition of academic council.

29.

Business of academic council.

30.

Continuation of existing academic councils.

Chapter VI

Charters and Statutes

31.

Charters and supplementary charters.

32.

Preservation of charters.

33.

Statutes.

Chapter VII

Planning and Evaluation

34.

Strategic development plan.

35.

Quality assurance. (Repealed)

36.

Equality policy.

Chapter VIII

Finance, Property and Reporting

37.

Budgets.

38.

Borrowing and loan guarantees.

39.

Keeping of accounts and records.

40.

Fees.

41.

Report and information.

42.

Disposal of land, etc.

Chapter IX

The National University of Ireland, Maynooth

43.

Establishment of National University of Ireland, Maynooth.

44.

Transfer of existing staff.

PART IV

National University of Ireland

45.

Amendment of Charter of National University of Ireland.

46.

Amendment of Irish Universities Act, 1908.

47.

Relationship of constituent universities to National University of Ireland.

47A.

Degrees and qualifications of Royal College of Surgeons in Ireland.

48.

Membership of constituent universities.

PART V

An tÚdarás

49.

Reviews.

50.

Guidelines. (Repealed)

51.

Information on staffing.

PART VI

Miscellaneous

52.

Educational institution not to be described as university.

53.

Definitions for the purposes of sections 54 to 58.

54.

Authorisation to education provider to describe itself as a university.

55.

Conditions to be complied with for making of university authorisation order.

56.

Revocation of university authorisation order.

57.

Appeals Board.

58.

Appeal.

FIRST SCHEDULE

Enactments Repealed

SECOND SCHEDULE

Table

THIRD SCHEDULE

Governing Authority

FOURTH SCHEDULE

Chief Officer

FIFTH SCHEDULE

Superannuation



Number 24 of 1997


UNIVERSITIES ACT 1997

REVISED

Updated to 21 February 2024


AN ACT TO CONSTITUTE OR ESTABLISH CERTAIN COLLEGES AND UNIVERSITIES AS UNIVERSITIES UNDER THIS ACT, TO ALLOW FOR THE INCORPORATION OF EDUCATIONAL INSTITUTIONS AS PARTS OF UNIVERSITIES OR AS UNIVERSITIES IN THEIR OWN RIGHT, TO PROVIDE FOR THE GOVERNANCE OF UNIVERSITIES WHICH ARE IN RECEIPT OF MONEYS PROVIDED BY AN tÚDARÁS BY THE CONSTITUTING OF GOVERNING AUTHORITIES AND ACADEMIC COUNCILS AND PROVIDING FOR THEIR POWERS AND FUNCTIONS, TO MAKE CERTAIN PROVISIONS RELATING TO STAFF, PLANNING AND FINANCIAL SCRUTINY AND REPORTING OF UNIVERSITIES, TO AMEND OR PROVIDE FOR THE CONTINUATION AND AMENDING OF CERTAIN UNIVERSITY CHARTERS AND THE CONTINUATION OF STATUTES, TO REPEAL THE NATIONAL INSTITUTE FOR HIGHER EDUCATION, LIMERICK, ACT, 1980, THE NATIONAL INSTITUTE FOR HIGHER EDUCATION, DUBLIN, ACT, 1980, AND CERTAIN PROVISIONS OF OTHER ACTS, TO AMEND CERTAIN OTHER ACTS, AND FOR CONNECTED PURPOSES. [14th May, 1997]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Annotations

Modifications (not altering text):

C1

Functions transferred and references construed (21.10.2020) by Further and Higher Education, Research, Innovation and Science (Transfer of Departmental Administration and Ministerial Functions) Order 2020 (S.I. No. 451 of 2020), arts. 2, 3(1)(a), (2) and sch., in effect as per art. 1(2), subject to transitional provisions in arts. 4-8.

2. (1) The administration and business in connection with the exercise, performance or execution of any functions transferred by this Order are transferred to the Department of Further and Higher Education, Research, Innovation and Science.

(2) References to the Department of Education and Skills contained in any Act or any instrument made under such Act and relating to any administration and business transferred by paragraph (1) shall, from the commencement of this Order, be construed as references to the Department of Further and Higher Education, Research, Innovation and Science.

3. (1) The functions vested in the Minister for Education and Skills -

(a) by or under the Acts specified in Part 1 of the Schedule, and

...

are transferred to the Minister for Further and Higher Education, Research, Innovation and Science.

(2) References to the Minister for Education and Skills contained in any Act or instrument made under such Act and relating to any functions transferred by paragraph (1) shall, from the commencement of this Order, be construed as references to the Minister for Further and Higher Education, Research, Innovation and Science.

...

SCHEDULE

Article 3

Part 1

...

Universities Acts 1997 to 2015

...