1.— (1) This Act may be cited as the Student Support Act 2011.

(2) This Act shall come into operation on such day or days as the Minister may appoint by order or orders either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or different provisions.

2.— In this Act—

“Appeals Board” shall be construed in accordance with section 25 (2);

“appeals officer” means a person designated under section 20 (1);

“applicant” means a student who applies for a grant;

“appointed awarding authority” shall be construed in accordance with section 9;

“approved course” has the meaning given to it by section 8;

“approved institution” has the meaning given to it by section 7;

“awarding authority” means—

F1[(a) an education and training board,]

(b) a local authority, or

(c) an appointed awarding authority;

F2[“bursary” means money paid by an awarding authority to a student, or to an approved institution on behalf of the student, for the purpose of assisting the student to pursue an approved course at the approved institution, where the money is provided from a fund established pursuant to a bursary scheme;

“bursary scheme” means a scheme established, by way of a trust or other instrument, for the purposes of providing financial support to students falling into all or any of the following groups to assist them to participate in further education or higher education:

(a) students who are economically or socially disadvantaged;

(b) students who have a disability;

(c) students who are from sections of society significantly under-represented in the student body;]

“civil partner” shall be construed in accordance with the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010;

“cohabitant” shall be construed in accordance with section 172(1) of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010;

“course” means a course of study or training;

“dependent child” shall be construed in accordance with section 16 (7);

“dependent student” means an applicant or class of applicant specified as a dependent student in a scheme made by the Minister under section 16;

“educational disadvantage” means the impediments to education arising from social or economic disadvantage which prevent students from deriving appropriate benefit from education;

“EEA Agreement” means the Agreement on the European Economic Area signed at Oporto on 2 May 1992 as amended for the time being;

“enactment” has the meaning given to it by section 2 of the Interpretation Act 2005;

“grant” means money paid by an awarding authority to a student or to an approved institution on behalf of the student for the purpose of assisting the student to pursue an approved course at the approved institution;

“independent student” means an applicant or class of applicant specified as an independent student in a scheme made by the Minister under section 16;

“inquiry officer” means a person appointed pursuant to section 22;

F3["local authority" means a local authority for the purposes of the Local Government Act 2001 (as amended by the Local Government Reform Act 2014);]

“Minister” means the Minister for Education and Skills;

“parent” includes a F4[guardian appointed under the Guardianship of Infants Act 1964, other than a temporary guardian appointed under section 6E of that Act], and, in the case of a child who has been adopted under the Adoption Act 2010 or, where the child has been adopted outside of the State, means the adopter or adopters or the surviving adopter;

“prescribed” means prescribed by regulations made by the Minister under this Act;

“progression” means—

(a) the process by which learners may progress from year to year within a course following the successful completion of part of the course as required during the previous year, or

(b) the process by which learners may transfer from one course to another course where the award that may be made on the successful completion of the second mentioned course is of a higher level than the award that may be made on the successful completion of the first mentioned course;

“reckonable income” shall be construed in accordance with section 16(4)(a)(iv);

“relevant Minister” shall be construed in accordance with section 9(8);

F5["relevant specified jurisdiction" means—

(a) a country that, as respects a class of person standing prescribed under section 14A(1) for the purposes of section 14(1)(aa), is specified in the regulations concerned under section 14A(1) prescribing that class, or

(b) where a class of person stands prescribed under section 14A(3) for the purposes of section 14(1)(aa), Northern Ireland;]

F2[“scholarship” means money paid by an awarding authority to a student, or to an approved institution on behalf of the student, for the purpose of assisting the student to pursue an approved course at the approved institution, where the money is provided from a fund established pursuant to a scholarship scheme;

“scholarship scheme” means a scheme established, by way of a trust or other instrument, for the purposes of providing financial support to students who demonstrate the level of educational attainment (if any) required by the scheme and who fall into all or any of the following groups to assist them to participate in further education or higher education:

(a) students who are economically or socially disadvantaged;

(b) students who have a disability;

(c) students who are from sections of society significantly under-represented in the student body;]

“student” shall be construed in accordance with section 14(1);

“transferring awarding authority” shall be construed in accordance with section 9(1);

“tuition fees” means fees and charges that a student is required to pay in order to participate in and complete a course and includes examination fees, student service charges, registration fees and lecture fees;

“tuition student” has the meaning given to it by section 14 (7);

F6[…]

3.— The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.

4.— (1) Subject to this Act, the Minister may make regulations prescribing any matter or thing referred to in this Act as prescribed or to be prescribed.

(2) Regulations under this section may contain such incidental, supplementary and consequential provisions as appear to the Minister to be necessary or expedient for the purposes of the regulations or for giving effect to this Act.

5.— Every order, regulation or scheme under this Act (other than an order under section 1(2) or 25(1)) shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the order, regulation or scheme is passed by either such House within the next 21 days on which that House has sat after the order, regulation or scheme is laid before it, the order, regulation or scheme shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.

6.— (1) The enactments specified in column (2) of Schedule 1 are repealed.

(2) A person attending a course who was, prior to the coming into operation of this section, awarded a grant to attend the course pursuant to—

(a) the enactments referred to in subsection (1), or

(b) schemes administered by a vocational education committee whereby grants were provided to students to assist them in attending courses in higher or further education,

shall, subject to the terms of the enactments or schemes, continue to receive the grant concerned until the person has completed that course and he or she shall not apply for a grant other than the grant of which he or she is in receipt.

(3) The enactments referred to in subsection (1) and schemes referred to in subsection (2)(b) shall continue in force and apply to grants made pursuant to those enactments and schemes before the coming into operation of this section to the same extent as if this Act had not been passed.

7.— (1) In this Act, “approved institution” means—

(a) an educational institution to which, pursuant to section 4 of the Universities Act 1997, that Act applies,

(b) an educational institution established under section 3 of the Regional Technical Colleges Act 1992 as a regional technical college to which the Institutes of Technology Acts 1992 to 2006 apply,

F8[(ba) a technological university within the meaning of the Technological Universities Act 2018,]

(c) the Dublin Institute of Technology,

(d) an educational institution in the State that receives a grant out of moneys provided by the Oireachtas F9[…] for the provision of courses of education and training known for the time being as post-leaving certificate courses,

(e) an educational institution that provides higher education and training which is situated in a Member State other than the State which is maintained or assisted by recurrent grants from public funds of that or any other Member State F7[including the State,]

(f) an educational institution in the State that provides higher education and training and which stands prescribed for the time being pursuant to F7[subsection (2), or]

F10[(g) an educational institution that provides higher education and training and which—

(i) is situated in a relevant specified jurisdiction, and

(ii) is maintained or assisted by recurrent grants from public funds of that jurisdiction or of any Member State including the State.]

(2) Where the Minister is satisfied to do so, having—

(a) regard to any of the matters specified in subsection (3),

(b) consulted with the F11[An tÚdarás um Ard-Oideachas], and

(c) obtained the consent of the Minister for Finance,

he or she may prescribe an educational institution as being an approved institution for the purposes of this section.

(3) Each of the following are the matters mentioned in subsection (2):

(a) whether the institution receives one or more than one payment out of moneys made available by the Oireachtas and the amount of the payment;

(b) the policy of the institution in relation to access to education in the institution 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;

(c) the courses and facilities offered or intended to be offered to students by the institution;

(d) whether prior to the commencement of this section, the institution was an institution which, in respect of its courses, grants were made available pursuant to a scheme administered by a local authority or a vocational education committee whereby grants were provided to students to assist them in attending those courses;

(e) whether the institution is established for the principal purposes of higher education, training and research and operated and managed on a basis other than for financial gain;

(f) the requirement for the development of skills and knowledge in sectors of the economy or employment identified as requiring such development of skills and knowledge following advice received by the Minister from such person who has an interest or expertise in educational matters or the development of skills and knowledge as the Minister considers appropriate to consult for that advice;

(g) resources available for the provision of student support;

(h) any other matters which in the opinion of the Minister are proper matters to be taken into account having regard to the objective of enabling persons to attend courses of higher or further education, the need to maintain educational standards and the contribution that the institution is making to higher education in the State.

8.— (1) In this Act “approved course” means a course which—

(a) is provided by an approved institution,

(b) subject to subsection (3), requires attendance by a student on a full-time basis, and

(c) has been prescribed as an approved course.

(2) The following matters or any of them are the matters to which the Minister shall have regard for the purposes of prescribing a course pursuant to subsection (1)(c):

(a) the nature and level of the qualification to be awarded to the student on the successful completion by him or her of the course;

(b) whether prior to the coming into operation of this Act the course was a course in respect of which, pursuant to a scheme administered by a local authority or a vocational education committee, grants were provided to students to assist them in attending the course;

(c) the requirement for the development of skills and knowledge in sectors of the economy or employment identified as requiring such development of skills and knowledge following advice received by the Minister from such person who has an interest or expertise in educational matters or the development of skills and knowledge as the Minister considers appropriate to consult for that advice;

(d) the educational institution which provides the course;

(e) the duration of the course;

(f) whether the course is an undergraduate or postgraduate course;

(g) whether publicly funded moneys are being used by that educational institution to provide the course;

(h) whether the course leads to a higher education and training award or further education and training award;

(i) resources available for the provision of student support;

(j) the number of hours that a student is required to spend attending the course;

(k) whether the course leads to a qualification that is recognised—

(i) in the case of a qualification awarded following the successful completion of a course at an institution other than an institution mentioned at section 7(1)(e) F12[or (g)], pursuant to arrangements, procedures and systems that constitute for the time being the framework of qualifications established and maintained pursuant to section 7 of the Qualifications (Education and Training) Act 1999,

(ii) in the case of a qualification awarded following the successful completion of a course at an institution mentioned at section 7(1)(e) F12[or (g)]—

(I) if such recognition is provided for by those laws in that manner, in a manner provided for by the laws of that Member State that corresponds to the arrangements, procedures and systems referred to in subparagraph (i), or

(II) if such recognition is not provided for by those laws in that manner, then otherwise in accordance with the laws of that F13[Member State, or]

F14[(iii) in the case of a qualification awarded following the successful completion of a course at an institution mentioned at section 7(1)(g) —

(I) if such recognition is provided for by those laws in the following manner, in a manner provided for by the laws of a relevant specified jurisdiction that correspond to the arrangements, procedures and systems referred to in subparagraph (i), or

(II) if such recognition is not provided for by those laws in that manner, then otherwise in accordance with the laws of the relevant specified jurisdiction;]

(l) any other matters which in the opinion of the Minister are proper matters to be taken into account having regard to the objective of enabling persons to attend courses of higher or further education, the need to maintain educational standards and the contribution that provision of the course would make to higher education in the State.

(3) (a) Notwithstanding subsection (1)(b), the Minister, with the consent of the Minister for Finance, may prescribe a course that does not require attendance by a student on a full-time basis to be an approved course.

(b) A course prescribed pursuant to this subsection shall be a course that—

(i) is provided in the State, and

(ii) is an undergraduate course.

(c) The Minister, in prescribing a course pursuant to paragraph (a), shall have regard to the following matters:

(i) the matters referred to in subsection (2) (other than paragraph (k)(ii) F15[or (iii)] of that subsection);

(ii) the extent to which the prescribing of the course would assist in addressing educational disadvantage;

(iii) the extent to which the prescribing of the course would assist and encourage participation by persons from sections of society significantly under-represented in the student body availing of higher education;

(iv) the number of modules that may be completed and the extent of educational attainment in each academic year of the course;

(v) the amount of work and contact with teachers and tutors in relation to the course required of a student;

(vi) the period of time required to complete the course when compared to a course that requires attendance by a student on a full-time basis;

(vii) whether the course takes place on the premises of the approved institution;

(viii) any other matters which in the opinion of the Minister are proper matters to be taken into account having regard to available resources and the need to promote access to higher education by persons who suffer educational disadvantage.

(4) For the purposes of this Act, and subject to subsection (5), any postgraduate course that may be prescribed pursuant to subsection (1) shall only be a postgraduate course that is provided in the State.

(5) Notwithstanding subsection (4), where the Minister is satisfied to do so because he or she considers that it is necessary having regard to any of the relevant purposes mentioned in subsection (9), he or she may prescribe a postgraduate course that is provided in Northern Ireland as an approved course.

(6) Where a grant is awarded to attend a postgraduate course prescribed pursuant to subsection (5), the grant awarded may include a grant in respect of tuition fees arising in respect of the course.

(7) Where a grant is awarded to attend a postgraduate course prescribed pursuant to subsection (5), then the Minister shall, no less than once a year, conduct a review of the course for the purpose of satisfying himself or herself that it continues to fulfil any one of the relevant purposes mentioned in subsection (9) and, if as a result of such review, the Minister is not so satisfied, he or she shall—

(a) immediately withdraw the grant, and

(b) as soon as may be, make regulations revoking or otherwise causing the cesser of the regulations that comprise the prescribing of the postgraduate course pursuant to subsection (5).

(8) Nothing in subsection (7) shall prevent a student who was in receipt of a grant which was withdrawn pursuant to that subsection from continuing, subject to this Act and the scheme of grants pursuant to which the grant was awarded, to receive the grant concerned until he or she has completed the course in respect of which he or she was awarded the grant.

(9) The following are the relevant purposes to which the Minister shall have regard when prescribing any postgraduate course pursuant to subsection (5) or conducting a review pursuant to subsection (7):

(a) promoting greater tolerance and understanding between the people of the State and Northern Ireland;

(b) promoting the exchange of ideas between the people of the State and Northern Ireland;

(c) promoting a greater understanding of, and respect for, the diversity of cultures on the island of Ireland;

(d) promoting greater integration and cooperation between the people of the State and Northern Ireland.

9.— (1) The Minister may—

(a) having taken account of the matters referred to in subsection (4),

(b) having consulted with the relevant Minister, and

(c) with the consent of the Minister for Finance,

by order appoint a body (in this section referred to as an “appointed awarding authority”) to perform any or all of the functions of an awarding authority (in this section referred to as a “transferring awarding authority”).

(2) Notwithstanding the generality of subsection (1), an order of the Minister under that subsection may provide for one or more than one of the following:

(a) different appointed awarding authorities to perform different functions;

(b) different transferring awarding authorities for the purposes of transferring those different functions;

(c) the coming into operation on different days for different purposes or different provisions.

(3) An appointed awarding authority may be one or more than one of the following:

F16[(a) an education and training board;]

(b) a local authority;

(c) a board, authority or other body established by or under an enactment (other than the Companies Acts) whose functions include the support of, or the promotion of participation in, higher or further education or the administration of schemes of payments;

(d) a company under the Companies Acts, in which all the shares are held by or on behalf of or jointly with—

(i) the Minister or a relevant Minister, or

(ii) directors appointed by the Minister or a relevant Minister, or

(iii) a board, authority or other body referred to in paragraph (c),

and whose functions are conferred by or under an enactment and include the support of, or the promotion of participation in, higher or further education, or the administration of schemes of payments.

(4) Before making an order under subsection (1), the Minister, taking account of the need for efficiency, effectiveness and economy, shall have regard to the following matters:

(a) capacity of and resources available to awarding authorities for the purposes of performing functions conferred on them by or under this Act;

(b) the resources available for provision of student support;

(c) administration costs;

(d) the desirability of uniformity of standards;

(e) where applicable, any report furnished to the Minister under section 12 (4).

(5) Where a function of a transferring awarding authority is transferred pursuant to an order under subsection (1), the function shall no longer be under the direction, control or supervision of that transferring authority after the order is made.

(6) Nothing in subsection (5) shall prevent the Minister from directing by order under subsection (1) that a transferring awarding authority shall do one or both of the following after the order is made:

(a) perform a function referred to in section 10(2) and contained in the order;

(b) continue to pay grants, specified by the Minister in the order, to students or a class of students so specified and for a period so specified.

(7) An appointed awarding authority and a transferring awarding authority shall be such appointed awarding authority and transferring awarding authority for the purposes of each order made under subsection (1) and nothing in this section shall prevent—

(a) a transferring awarding authority in an order made under subsection (1) from being an appointed awarding authority in any subsequent order made under that subsection, or

(b) an appointed awarding authority in an order made under subsection (1) from being a transferring awarding authority in any subsequent order made under that subsection.

(8) In this section “relevant Minister” means—

(a) in the case of an appointed awarding authority that is a local authority, the Minister for the Environment, Heritage and Local Government, and

(b) in the case of any other appointed awarding authority, each Minister of the Government who performs functions in relation to that body.

10.— (1) An order under section 9(1) may provide for—

(a) such matters as appear to the Minister to be necessary or expedient for the transfer of functions from the transferring awarding authority to the appointed awarding authority, and

(b) such other matters as may be incidental to or consequential on such transfer.

(2) Notwithstanding the generality of subsection (1) an order under section 9(1) may provide for one or more than one of the following:

(a) a direction to the transferring awarding authority to provide to the appointed awarding authority such records, data or information as relate to a function referred to in the order, or a class of such records, data or information, and within such period, as is specified in the direction;

(b) in relation to land and property—

(i) that such land (or a part thereof) as relates to a function referred to in the order which, immediately before the order is made was vested in the transferring awarding authority and all rights, powers and privileges relating to or connected with that land shall without conveyance, transfer or assignment stand vested in the appointed awarding authority for all the estate and interest for which it was vested in the transferring awarding authority but subject to all trusts and equities affecting that land subsisting and capable of being performed,

(ii) that some or all of such property other than land (including choses-in-action), as relates to a function referred to in the order which, immediately before the order is made, was the property of the transferring awarding authority shall, without any transfer or assignment, stand transferred to the appointed awarding authority,

(iii) that a chose-in-action referred to in subparagraph (ii) may after the order is made, be sued on, recovered or enforced by the appointed awarding authority in its own name and it shall not be necessary for the appointed awarding authority to give notice to the person bound by any such chose-in-action of the transfer effected by the order, or

(iv) that moneys, stocks, shares or securities referred to in subparagraph (ii) and which, immediately before the order is made are in the name of the transferring awarding authority shall be transferred, at the request of the appointed awarding authority, to the name of the appointed awarding authority;

(c) that some or all of such of the rights or liabilities as relate to the function referred to in the order may, on or after the date of the order, be sued on, recovered or enforced by or against the appointed awarding authority without the necessity for the appointed awarding authority to give notice of the order to the person whose right or liability is transferred;

(d) in relation to some or all of such contracts or agreements as relate to a function referred to in the order—

(i) the continuance in force of the contract or agreement made between the transferring awarding authority or any trustee or agent of the authority acting on its behalf, and any other person which is in force immediately before the day of the making of the order, or

(ii) the construction of the contract or agreement as if the appointed awarding authority were substituted therein for the transferring awarding authority without the necessity for the appointed awarding authority to give notice of the order to the person whose right or liability is transferred;

(e) the continuance of some or all of such legal proceedings as relate to a function referred to in the order and pending in a court or tribunal before the making of the order to which the transferring awarding authority is a party, by the substitution of the name of the appointed awarding authority for the name of the transferring awarding authority and that the proceedings shall not abate by reason of such substitution;

(f) the preparation by the transferring awarding authority of such final accounts of that authority as relate to a function referred to in the order within a specified period and submission of same to such persons as may be specified in the order including the Minister, the Minister for Finance, the Minister for the Environment, Heritage and Local Government, a relevant Minister, the Comptroller and Auditor General or the appointed awarding authority;

(g) subject to section 11—

(i) the transfer of an employee who, immediately before the making of the order is an employee of the transferring awarding authority performing duties related to a function referred to in the order, to the appointed awarding authority;

(ii) the transfer of the contract of employment of a person who, immediately before the making of the order is a fixed-term employee of the transferring awarding authority performing duties related to a function referred to in the order, to the appointed awarding authority.

(3) In this section “fixed-term employee” has the meaning given to it by the Protection of Employees (Fixed-Term Work) Act 2003.

11.— (1) Save in accordance with a collective agreement negotiated with any recognised trade union or staff association concerned, a person referred to in section 10(2)(g) shall not, on the making of an order under section 9(1), be brought to less beneficial conditions of remuneration than the conditions of remuneration to which he or she was subject immediately before the coming into operation of this section.

(2) The previous service of a person referred to in section 10(2)(g) shall be reckonable for the purposes of, but subject to any exceptions or exclusions in the following enactments:

(a) the Redundancy Payments Acts 1967 to 2007;

(b) the Protection of Employees (Part-Time Work) Act 2001;

(c) the Protection of Employees (Fixed-Term Work) Act 2003;

(d) the Organisation of Working Time Act 1997;

(e) the Terms of Employment (Information) Acts 1994 and 2001;

(f) the Minimum Notice and Terms of Employment Acts 1973 to 2005;

(g) the Unfair Dismissals Acts 1977 to 2007;

(h) the Maternity Protection Acts 1994 and 2004;

(i) the Parental Leave Acts 1998 and 2006;

(j) the Adoptive Leave Acts 1995 and 2005;

(k) the Carer’s Leave Act 2001.

(3) Any superannuation benefits awarded to or in respect of a person referred to in section 10(2)(g) and the terms relating to those benefits shall be no less favourable than those applicable to or in respect of that person immediately before the making of an order under section 9(1).

(4) The pension payments and other superannuation liabilities of the transferring awarding authority in relation to a person referred to in section 10(2)(g) who is given a position in the appointed awarding authority under an order under section 9(1) become, on the making of the order, the liabilities of the appointed awarding authority.

(5) In this section “recognised trade union or staff association” means a trade union or staff association recognised by the Minister for the purposes of negotiations which are concerned with the remuneration or conditions of employment, or the working conditions of employees.

12.— (1) In addition to performing any other functions conferred on it by or under this Act, an awarding authority shall—

(a) assess and review resources required by it for the purposes of performing its functions under this Act,

(b) furnish to the Minister and to any other persons specified in the request any information so specified with respect to applications and how they are processed when requested to do so by the Minister,

(c) keep all proper and usual accounts of moneys received by it or expenditure of such moneys incurred by it in relation to student grants,

F17[(ca) keep all proper and usual accounts of moneys received by it or expenditure of such moneys incurred by it in relation to bursaries and scholarships,]

(d) carry out an audit of accounts and furnish an auditor’s report to the Minister when requested to do so by the Minister,

(e) review the report of an inquiry officer furnished to it under section 22(4) and act as it considers appropriate having regard to its functions under this Act, and

(f) furnish to the Minister any specified information in relation to the institution of proceedings for recovery of debt under section 24 (3).

F17[(1A) An awarding authority shall, as respects a bursary scheme or scholarship scheme, whenever requested to do so by the Minister administer or, as may be appropriate, assist with the administration of—

(a) the identification of students who are eligible for bursaries or scholarships under the bursary scheme or scholarship scheme, as the case may be, concerned,

(b) the awarding of such bursaries or scholarships to students, and

(c) the payment, out of funds provided by the person who established or is responsible for the bursary scheme or scholarship scheme, as the case may be, concerned to the awarding authority for that purpose, of such bursaries or scholarships to the students to whom awards are made or to an approved institution on behalf of such students,

in accordance with the terms of the bursary scheme or scholarship scheme, as the case may be, concerned.]

(2) An awarding authority has all such powers as are necessary for or incidental to the performance of its functions under this Act.

(3) The Minister may from time to time formulate policies and issue directions to an awarding authority as respects grants F17[, bursaries or scholarships] and, in performing any functions conferred on it by or under this Act, an awarding authority shall implement those policies and directions.

(4) The Minister shall from time to time appoint persons to carry out periodic inspections, reviews and audits in relation to the performance by awarding authorities of their functions under this Act and to furnish a report in relation to such inspections, reviews and audits to the Minister and the persons so appointed shall carry out such inspections and reviews and furnish such reports accordingly.

13.— (1) Subject to subsection (7), an awarding authority may by an agreement in writing entered into with any person, upon such terms and conditions as may be specified in the agreement, provide for the performance by such person, subject to such terms and conditions (if any) as may be so specified, of such functions conferred on the awarding authority by or under this Act as may be so specified.

(2) An agreement under this section may include provision for the payments (if any) to be made to and the disposal of such payments by the person concerned for the purpose of the performance of a function specified in the agreement.

(3) An agreement under this section shall operate, so long as it continues in force, to confer on and vest in the person concerned, to the extent and subject to the terms and conditions specified in the agreement, the function so specified.

(4) A function conferred on a person by an agreement under this section shall be performable by the person in his or her own name but subject to the general superintendence and control of the awarding authority.

(5) A function conferred on a person by an agreement under this section shall, notwithstanding the agreement concerned, continue to be vested in the awarding authority but shall be so vested concurrently with the person on whom it is conferred by that agreement and so as to be capable of being performed by either of those persons.

(6) The conferral on a person by an agreement under this section of a function of the awarding authority shall not remove or derogate from the authority’s responsibility to the Minister for the performance of the function.

(7) Before entering an agreement under subsection (1) an awarding authority shall, in relation to the agreement and any terms and conditions contained therein—

(a) consult with the relevant Minister, and

(b) obtain the prior approval of the Minister and the Minister for Finance.

14.— (1) In this Act “student” means a person who is ordinarily resident in the State, who has been accepted to pursue, or is pursuing, an approved course at an approved institution and is—

(a) a national of—

(i) a Member State,

(ii) a state which is a contracting state to the EEA Agreement,

(iii) the Swiss Confederation,

F18[(aa) a person, other than a person to whom paragraph (a)(i), (ii) or (iii) refers, who is a person of a class that stands prescribed under section 14A(1) or (3) for the purposes of this paragraph,]

(b) a refugee or other person entitled for the time being to the rights and privileges specified in section 3 of the Refugee Act 1996,

(c) a person, pursuant to the European Communities (Eligibility for Protection) Regulations 2006 (S.I. No. 518 of 2006)—

(i) who the Minister for Justice and Law Reform has determined is eligible for the time being for subsidiary protection pursuant to Regulation 4 of those Regulations, or

(ii) to whom the Minister for Justice and Law Reform has granted permission for the time being in writing to enter and reside in the State pursuant to Regulation 16 of those Regulations,

(d) a person who, in relation to a person referred to in F19[paragraph (a) or (aa)], is a family member prescribed, subject to subsection (2) for the purposes of this paragraph, or

(e) a person, other than a person to whom F19[paragraph (a), (aa)], (b), (c) or (d) refers, who—

(i) has been granted permission to reside within the State by the Minister for Justice and Law Reform pursuant to such laws as are for the time being in force, and

(ii) is of a class of persons prescribed by the Minister, subject to subsection (3) and with the consent of the Minister for Finance, for the purposes of this subparagraph.

(2) Where the Minister is prescribing a class of persons as a family member for the purposes of subsection (1)(d), he or she shall have regard to all or any of the following matters:

(a) the relationship that the family member has to the person referred to in F19[subsection (1)(a) or (aa), as the case may be];

(b) whether the family member depends on the person referred to in F19[subsection (1)(a) or (aa), as the case may be];

(c) whether the family member has a right of residence in the State by virtue of being the spouse, civil partner, cohabitant or, a child of a person referred to in F19[subsection (1)(a) or (aa), as the case may be].

(3) Where the Minister is prescribing a class of persons for the purposes of subsection (1)(e)(ii) he or she shall have regard to all or any of the following matters:

(a) the period for which they have been ordinarily resident in the State;

(b) the basis on which they were granted permission to reside within the State;

(c) the conditions pursuant to which they were granted permission to reside within the State;

(d) the degree of connection that they are likely to have to the State;

(e) their entitlement to benefits or services provided by a Minister of the Government, a local authority, the Health Service Executive or the holder of any office or a body established—

(i) by or under any enactment (other than the Companies Acts), or

(ii) under the Companies Acts in pursuance of powers conferred by or under any other enactment,

and financed wholly or partly by means of moneys provided, or loans made or guaranteed, by a Minister of the Government or the issue of shares held by or on behalf of a Minister of the Government or a subsidiary of any such body;

(f) whether they have access to education in their state of origin;

(g) resources available for the provision of student support.

(4) For the purposes of subsection (1), a person shall be ordinarily resident in the State if the person—

(a) has been resident in the State for at least 3 years out of the period of 5 years ending on the day before the relevant date, or

(b) if not resident as described in paragraph (a)—

F19[(i) is temporarily resident outside of the State by reason of pursuing a course of study or post-graduate research at an educational institution outside of the State but within—

(I) a Member State, or

(II) a relevant specified jurisdiction,

leading to a qualification that is recognised in accordance with the laws of the Member State or the relevant specified jurisdiction for the recognition of qualifications that correspond to the arrangements, procedures and systems referred to in section 8(2)(k)(i), or if such recognition is not provided for by those laws in that manner then otherwise in accordance with the laws of the Member State or the relevant specified jurisdiction, and]

(ii) was resident in the State for at least 3 years out of the period of 5 years ending on the day before he or she commenced such course of study or post-graduate research.

(5) For the purposes of subsection (4), in the determination by an awarding authority of a question relating to whether a person mentioned in subsection (6) is ordinarily resident in the State, the person shall not be entitled to derive any benefit from a period of unlawful presence in the State.

(6) The determination of the question referred to in subsection (5) shall not relate to a person who is F20[... ]—

(a) an Irish citizen F20[ ...],

(b) a person who has established a right to enter and be present in the State under the European Communities (Free Movement of Persons) (No. 2) Regulations 2006 (S.I. No. 656 of 2006), the European Communities (Aliens) Regulations 1977 (S.I. No. 393 of 1977) or the European Communities (Right of Residence for non-Economically Active Persons) Regulations 1997 (S.I. No. 57 F19[of 1997), or]

F18[(c) a person who has a right to enter and be present in the State by reason of—

(i) an arrangement between the Government and the Government of the United Kingdom relating to the lawful movement of persons between the State and the United Kingdom, or

(ii) an arrangement (other than that referred to in subparagraph (i)) between the State and a relevant specified jurisdiction.]

(7) In this Act, “tuition student” means a student who may receive a grant in respect of tuition fees, is ordinarily resident in one of the states referred to in subsection (1)(a), F18[or, where subsection (1)(aa) applies, in a relevant specified jurisdiction] has been accepted to pursue and is pursuing an approved course (other than a course known for the time being as a post leaving certificate course) of higher education at an approved institution in the State and to whom F19[paragraph (a), (aa),] (b), (c), (d) or (e) of subsection (1) applies.

(8) For the purposes of subsection (7), a tuition student shall be ordinarily resident in one of the states referred to in subsection (1)(a) F18[or, where subsection (1)(aa) applies, in a relevant specified jurisdiction] if the student was resident in any of the states F18[or, as the case may be, the relevant specified jurisdiction] for a period of not less than 3 years out of the period of 5 years ending on the day before the relevant date.

(9) In this section, in relation to an approved course in respect of which a person referred to in subsection (4) or a tuition student may apply for a grant, “relevant date” means the date on which a year of study commences on the approved course.

14A. (1) Where the Minister is satisfied to do so, having—

(a) regard to any of the matters specified in subsection (2),

(b) consulted with the F22[An tÚdarás um Ard-Oideachas], and

(c) obtained the consent of the Minister for Public Expenditure and Reform,

he or she may prescribe a class of person, being a national of a country (not being the State or any other state referred to in section 14(1)(a)) specified in the regulations concerned prescribing that class, for the purposes of section 14(1)(aa).

(2) The following matters or any of them are the matters to which the Minister shall have regard for the purposes of prescribing a class of person pursuant to subsection (1):

(a) whether there are reciprocal arrangements in place with the country specified, as mentioned in subsection (1), in the regulations concerned (the ‘specified country’);

(b) the requirement for the development of skills and knowledge in sectors of the economy or employment identified as requiring such development of skills and knowledge following advice received by the Minister from such person who has an interest or expertise in educational matters or the development of skills and knowledge as the Minister considers appropriate to consult for that advice;

(c) the nature and level of the qualification to be awarded to a person, falling within the class proposed to be prescribed, on the successful completion by him or her of the course concerned;

(d) resources available for the provision of student support;

(e) any other matters which in the opinion of the Minister are proper matters to be taken into account having regard to the objective of enabling persons to attend courses of higher education, and the contribution that nationals of the specified country can make to higher education in the State.

(3) Notwithstanding subsection (1), where the Minister is satisfied to do so because he or she considers that it is necessary having regard to any of the relevant purposes mentioned in subsection (4), he or she may prescribe a class of person, being a national of the United Kingdom, or an Irish citizen, for the purposes of section 14(1)(aa).

(4) The following are the relevant purposes to which the Minister shall have regard when prescribing a class of person pursuant to subsection (3):

(a) promoting greater tolerance and understanding between the people of the State and Northern Ireland;

(b) promoting the exchange of ideas between the people of the State and Northern Ireland;

(c) promoting a greater understanding of, and respect for, the diversity of cultures on the island of Ireland;

(d) promoting greater integration and cooperation between the people of the State and Northern Ireland.]