Universities Act 1997

Determination of composition of first governing authority.

23

23.(1) Subject to section 16, the Minister shall, as soon as practicable after the commencement of this Part, in respect of each university to which this Act applies, and after the establishment under section 9 of any additional university in respect of that university, appoint a commission for the university.

(2) The members of a commission shall, subject to subsection (3), be—

(a) in the case of a constituent university—

(i) the chief officer,

(ii) the Registrar of the university,

(iii) two members of the governing body (by whatever name known) of its corresponding constituent college holding office immediately before the commencement of this Part, at least one of whom shall be a member of the academic staff of the university, nominated by that governing body,

(iv) the Chancellor of the National University of Ireland or a person nominated by the Chancellor, and

(v) the F20[chairperson of the Board] of An tÚdarás or a person nominated by the F20[chairperson of the Board],

(b) in the case of Dublin City University or the University of Limerick—

(i) the chief officer,

(ii) the Registrar of the university,

(iii) two members of the Governing Body of the university holding office immediately before the commencement of this Part, at least one of whom shall be a member of the academic staff of the university, nominated by that Governing Body, and

(iv) the F20[chairperson of the Board] of An tÚdarás or a person nominated by the F20[chairperson of the Board],

(c) in the case of Trinity College—

(i) the Provost and the vice-Provost,

(ii) the Chancellor of the University of Dublin, or a nominee of the Chancellor,

(iii) two members of the Board of the College holding office immediately before the commencement of this Part, nominated by that Board, and

(iv) the F20[chairperson of the Board] of An tÚdarás or a person nominated by the F20[chairperson of the Board], and

(d) in the case of an educational institution established under section 9 as a university—

(i) the chief officer (by whatever name known) of the institution holding office immediately before its establishment as a university,

(ii) the senior officer of the institution having responsibility to the chief officer for academic affairs, holding office immediately before its establishment as a university,

(iii) such members of the governing body (by whatever name known) of the institution holding office immediately before its establishment as a university as the Minister determines after consultation with that governing body, and

(iv) the F20[chairperson of the Board] of An tÚdarás or a person nominated by the F20[chairperson of the Board].

(3) If a person specified as a member of a commission in, or nominated as such under, subsection (2) is unable or unwilling to act as a member, the remaining members shall nominate a person to replace that person as a member, and the Minister shall appoint the nominated person accordingly.

(4) The first meeting of a commission shall be convened by the chief officer and at the meeting the members shall appoint one of their number to act as chairperson of the commission.

(5) A commission shall, as soon as practicable after the date of the appointment of its members and in any case not later than three months from that date, in accordance with section 16, determine the composition of the governing authority of its university and, by notice in writing, inform the Minister of the composition as so determined.

(6) F21[]

(7) A commission F21[] shall remain in office until the first meeting of the relevant governing authority constituted in accordance with this Act and at the commencement of that meeting the commission F21[] is, by virtue of this section, dissolved.

Annotations

Amendments:

F20

Substituted (10.11.2022) by Higher Education Authority Act 2022 (31/2022), s. 145 and sch. 4, S.I. No. 554 of 2022.

F21

Deleted (10.11.2022) by Higher Education Authority Act 2022 (31/2022), s. 145 and sch. 4, S.I. No. 554 of 2022.

Modifications (not altering text):

C4

Application of section restricted (10.11.2022) by Higher Education Authority Act 2022 (31/2022), s. 5(2), S.I. No. 554 of 2022.

Repeals, revocations and savers

5. ...

(2) Notwithstanding the repeal of subsections (2) to (4) of section 4 of the Act of 1997, sections 22 and 23 of the Act of 1997 shall not apply to Trinity College (within the meaning of that Act).

...