Qualifications and Quality Assurance (Education and Training) Act 2012
Number 28 of 2012
QUALIFICATIONS AND QUALITY ASSURANCE (EDUCATION AND TRAINING) ACT 2012
REVISED
Updated to 10 November 2022
This Revised Act is an administrative consolidation of the Qualifications and Quality Assurance (Education and Training) Act 2012. 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 Consumer Rights Act 2022 (37/2022), enacted 7 November 2022, and all statutory instruments up to and including the Higher Education Authority Act 2022 (Commencement) Order 2022 (S.I. No. 554 of 2022), made 8 November 2022, 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 28 of 2012
QUALIFICATIONS AND QUALITY ASSURANCE (EDUCATION AND TRAINING) ACT 2012
REVISED
Updated to 10 November 2022
ARRANGEMENT OF SECTIONS
Preliminary and General
Section
1. Short title and commencement.
Qualifications and Quality Assurance Authority of Ireland
8. Establishment of Qualifications and Quality Assurance Authority of Ireland.
11. Review of Authority by Minister.
13. Co-operation with Authority.
14. Directions of Authority as to provision of information.
14A. Furnishing of information by Authority to other bodies.
16. Functions of chief executive.
17. Delegation of functions of chief executive.
18. Accountability of chief executive to Public Accounts Committee.
19. Accountability of chief executive to other Oireachtas Committees.
21. Transfer of staff of dissolved body to Authority.
Quality Assurance
28. Obligation of providers to prepare quality assurance procedures.
29. Quality assurance procedures and previously established universities.
31. Refusal by Authority to approve proposed quality assurance procedures.
32. Quality assurance procedures and designated awarding bodies.
33. Quality assurance procedures and linked providers.
34. Review by Authority of quality assurance procedures of relevant providers.
35. Directions of Authority following review of quality assurance procedures.
36. Withdrawal by Authority of approval of quality assurance procedures.
37. Review by designated awarding bodies of quality assurance procedures of linked providers.
38. Directions of designated awarding body following review of quality assurance procedures.
39. Withdrawal by designated awarding body of approval of quality assurance procedures.
40. Review by Authority of procedures of National University of Ireland.
41. Directions of Authority to National University of Ireland following review.
42. Quality reviews by Authority.
Standards and Awards
43. Framework of qualifications.
43A. Offence to provide or advertise cheating services.
44. Application for validation of programme of education and training.
45. Determination of application for validation of programme of education and training.
46. Review of programme validation.
47. Withdrawal of programme validation.
48. Arrangement between providers and awarding bodies other than the Authority.
49. Authority to determine standards of knowledge, skill or competence for awards.
51. Joint awarding arrangement.
52. Request by provider for delegation of authority to make award.
53. Determination of request for delegation of authority to make award.
54. Review by Authority of delegated authority to make award.
55. Withdrawal or variation by Authority of delegated authority to make award.
55A. Sections 55A to 55I (Interpretation).
55B. Awards included within Framework (process by which awards acquire such status).
55D. Decision that award is an appropriate one to be included in Framework.
55E. Policies and criteria for making decisions under sections 55C(5) and 55D.
55F. Duties of listed awarding bodies.
55G. Review of listed awarding bodies.
55H. Withdrawal or variation of listing of awarding bodies.
55I. Effect of deletion of awarding body’s name from list.
56. Procedures for access, transfer and progression in relation to learners.
57. Review by Authority of implementation of procedures for access, transfer and progression.
58. Directions of Authority following review of procedures for access, transfer and progression.
59. Withdrawal by Authority of approval of access, transfer and progression procedures.
Code of Practice and International Education Mark
60. Code of Practice for provision of programme to international learners.
61. International education mark.
62. Annual charge for use of international education mark.
Protection of Enrolled Learners
65. Arrangements by providers for protection of enrolled learners.
66. Assistance from Authority to enrolled learners to find alternative programme.
67. Obligation on providers to furnish information to enrolled learners.
Appeals
69. Determination of appeal by Appeals Board.
Dissolution of Bodies
72. Liability for loss occurring before establishment day.
73. Transfer of land and other property to Authority.
75. Provisions consequent upon transfer of assets and liabilities to Authority.
76. Records of dissolved bodies.
77. Final accounts and final report of dissolved bodies.
Miscellaneous Provisions
81. Provider not to be described as “institute of technology” or “regional technical college”.
82. Charter of Institute of Technology.
Transitional and Savings Provisions for Act of 1999 and Amendments of other Acts
84. Transitional and savings provision for Act of 1999.
85. Transition for appeals under Act of 1999.
Qualifications and Quality Assurance Authority of Ireland
Acts Repealed
Statutory Instrument Revoked
Amendments of other Acts
Acts Referred to
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Adoptive Leave Acts 1995 and 2005 |
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2007, No. 21 |
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2001, No. 19 |
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1990, No. 33 |
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Companies Acts |
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1993, No. 8 |
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1998, No. 51 |
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1995, No. 22 |
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1997, No. 2 |
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2001, No. 7 |
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1997, No. 13 |
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1971, No. 22 |
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2006, No. 25 |
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Institutes of Technology Acts 1992 to 2006 |
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Irish Universities Act 1908 |
(8 Edw. 7.) c. 38 |
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1987, No. 15 |
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Maternity Protection Acts 1994 and 2004 |
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Minimum Notice and Terms of Employment Acts 1973 to 2005 |
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1997, No. 20 |
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Parental Leave Acts 1998 and 2006 |
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Petty Sessions (Ireland) Act 1851 |
14 & 15 Vic., c. 93 |
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2003, No. 29 |
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2001, No. 45 |
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1999, No. 26 |
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Redundancy Payments Acts 1967 to 2007 |
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1992, No. 16 |
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1997, No. 39 |
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2001, No. 8 |
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Terms of Employment (Information) Acts 1994 and 2001 |
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The Royal College of Surgeons in Ireland (Charters Amendment) Act 2003 |
2003, No. 1 (Private) |
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Unfair Dismissals Acts 1977 to 2007 |
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1997, No. 24 |
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1930, No. 29 |
Number 28 of 2012
QUALIFICATIONS AND QUALITY ASSURANCE (EDUCATION AND TRAINING) ACT 2012
REVISED
Updated to 10 November 2022
AN ACT TO PROVIDE FOR THE ESTABLISHMENT OF A BODY KNOWN IN THE IRISH LANGUAGE AS ÚDARÁS NA hÉIREANN UM CHÁILÍOCHTAÍ AGUS DEARBHÚ CÁILÍOCHTA OR IN THE ENGLISH LANGUAGE THE QUALIFICATIONS AND QUALITY ASSURANCE AUTHORITY OF IRELAND; TO DEFINE ITS FUNCTIONS; TO PROVIDE FOR THE DISSOLUTION OF THE NATIONAL QUALIFICATIONS AUTHORITY OF IRELAND, THE HIGHER EDUCATION AND TRAINING AWARDS COUNCIL AND THE FURTHER EDUCATION AND TRAINING AWARDS COUNCIL; TO REPEAL THE QUALIFICATIONS (EDUCATION AND TRAINING) ACT 1999; TO AMEND THE HIGHER EDUCATION AUTHORITY ACT 1971, THE REGIONAL TECHNICAL COLLEGES ACT 1992, THE FREEDOM OF INFORMATION ACT 1997, THE UNIVERSITIES ACT 1997 AND CERTAIN OTHER ACTS; AND TO PROVIDE FOR MATTERS CONNECTED THEREWITH.
[22nd July, 2012]
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
...
Qualifications and Quality Assurance (Education and Training) Act 2012 (No. 28 of 2012)
...
C2
Function to be performed by Chief Executive of Quality and Qualifications Ireland specified (23.07.2014) by Protected Disclosures Act 2014 (Section 7(2)) Order 2014 (S.I. No. 339 of 2014), art. 2 and sch. ref. no. 62.
2. Each person specified in column (2) of the Schedule is hereby prescribed to be the recipient of disclosures of relevant wrongdoings falling within the description of matters specified in column (3) of the Schedule in relation to the person.
Schedule
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Reference Number (1) |
Prescribed Person (2) |
Description of matters in respect of which the person is prescribed(3) |
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62 |
Chief Executive of Quality and Qualifications Ireland |
All matters relating to quality assurance, validation of programmes of education and training, the making of awards, the delegation of authority to make awards, the establishment of the Code of Practice for the provision of programmes of education and training to international learners and the authorisation to use the International Education Mark, as provided for by the Qualifications and Quality Assurance (Education and Training) Act 2012 (No. 28 of 2012). |
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... |
... |
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