54.—(1) An education provider, whose primary income does not derive from moneys provided by An tÚdarás (being moneys provided to An tÚdarás under F46[section 19 of the Higher Education Authority Act 2022], may make an application to the Minister for the making of an order under subsection (3) in respect of it.

(2) Such an application shall be in such form and be accompanied by such information as the Minister may direct.

(3) Subject to the following subsections and sections 55 to 58, on an application being made under subsection (1) the Minister may decide to make, or may decide to refuse to make, an order under this subsection (in this Act referred to as a "university authorisation order") that authorises the education provider to use, in respect of itself, the description "university" and to style itself accordingly and where the Minister decides to make such an order, the Minister shall, subject to subsection (9), make the order accordingly.

(4) In making a decision under subsection (3), the Minister—

(a) shall consult with An tÚdarás, and

(b) may appoint an advisory panel, that may include national and international experts having a special interest in or expertise in, or knowledge of, matters relating to higher education, and may receive and have regard to advice given by that panel with respect to the education provider’s application,

and the Minister shall not make a decision to make a university authorisation order unless the Minister is satisfied that the conditions specified in section 55(1) are complied with in respect of the education provider concerned.

(5) In addition to any information provided by it pursuant to a direction under subsection (2), the education provider concerned shall provide to the Minister such information and documentation as the Minister may specify for the purpose of considering its application under subsection (1).

(6) The Minister shall make a decision under subsection (3) within a period of 4 months after the date of receipt of the application concerned under subsection (1).

(7) The Minister shall notify, in writing, the education provider concerned of the Minister’s decision under subsection (3) as soon as may be after the making of it and where the decision notified is a decision to refuse to make a university authorisation order, the notification shall state the reasons for the refusal.

(8) Where the Minister makes a decision under subsection (3) to refuse to make a university authorisation order in respect of the education provider concerned, the provider may, in accordance with section 57, appeal against that decision within 30 days after the service of the notice under subsection (7).

(9) Where a university authorisation order is proposed to be made, a draft of the order shall be laid before each House of the Oireachtas and the order shall not be made until a resolution approving the draft has been passed by each such House.]