2.— (1) In this Act—

“access, transfer and progression”, in relation to learners, shall be construed in accordance with subsection (5);

“Act of 1908” means the Irish Universities Act 1908;

“Act of 1997” means the Universities Act 1997;

“Act of 1999” means the Qualifications (Education and Training) Act 1999;

“An Foras” means An Foras Áiseanna Saothair;

“Appeals Panel” means the Appeals Panel established under section 68;

“Appeals Board” means an Appeals Board appointed under section 69 (3);

F1["associated provider" has the meaning assigned to it by section 55F(1);]

“Authority” has the meaning assigned to it by section 8;

“award” means an award, including a joint award, for education or training, or both, made by an awarding body or in the case of a joint award, by two or more awarding bodies, to a learner to record or certify that the learner has acquired a particular standard of knowledge, skill or competence and includes—

(a) a certificate,

(b) a diploma,

(c) a degree;

F1["award that is included within the Framework" shall be construed in accordance with section 55B;]

“awarding body” means a body which makes an award;

“chief executive” has the meaning assigned to it by section 15 and includes a person designated under section 16 (5) while he or she is performing the functions of the chief executive;

“code of practice” means a code of practice established and published by the Authority in accordance with section 60;

“company” means a company established under the Companies Acts;

“completion rate” for a programme of education and training means the ratio that the number of enrolled learners who complete the programme bears to the number of enrolled learners who commenced the programme;

“database” means the database established and maintained under section 79;

“designated awarding body” means a previously established university, the National University of Ireland, an educational institution established as a university under section 9 of the Act of 1997, F2[a technological university,] F1[an Institute of Technology,] the Dublin Institute of Technology and the Royal College of Surgeons in Ireland;

F3["designated institution of higher education" has the same meaning as it has in the Higher Education Authority Act 2022;]

“dissolved body” shall be construed in accordance with section 71;

F1["English language education and training" means a programme of education and training in English as a foreign language and "English language programme" shall be construed accordingly;]

“enrolled learner” means a learner who has enrolled in a programme of education and training;

“establishment day” shall be construed in accordance with section 7;

“Framework” has the meaning assigned to it by section 43;

“Institute of Technology” means an institution referred to in section 3 (amended by section 4 of the Institutes of Technology Act 2006) of the Regional Technical Colleges Act 1992;

F4[…]

“international education mark” means the international education mark specified under section 61;

“international learner” means a person who is not an Irish citizen but is lawfully in the State primarily to receive education and training;

“joint award” means a single award made jointly by two or more awarding bodies;

“joint awarding arrangement” has the meaning assigned to it by section 51 (1);

“linked provider” shall be construed in accordance with subsection (3);

F1["listed awarding body" has the meaning assigned to it by section 55A(1)(a);]

“Minister” means the Minister for Education and Skills;

“National University of Ireland” means the university by that name in Dublin, constituted and founded by charter under the Act of 1908;

“prescribed” means prescribed by regulations made by the Minister;

“previously established university” means a university specified in paragraphs (a) to (d) of section 4(1) of the Act of 1997;

“professional recognition body” means a body (including a professional association, professional institute or any other professional organisation) required or authorised by or under a law of the State to supervise or regulate the conduct of persons engaged in a profession;

“programme of education and training” means a process by which a learner acquires knowledge, skill or competence and includes a course of study, a course of instruction and an apprenticeship;

“provider” means a person who provides, organises or procures a programme of education and training;

“recognised school” means a school that is recognised by the Minister under section 10 of the Education Act 1998;

“record” includes—

(a) a record in writing,

(b) a plan, chart, map, drawing, diagram, pictorial or graphic image,

(c) a disc, tape, soundtrack, or other thing in which information, sounds or signals are embodied so as to be capable (with or without the aid of some other thing) of being reproduced in legible or audible form, and

(d) a film, tape or other thing in which visual images are embodied so as to be capable (with or without the aid of some other thing) of being reproduced in visual form;

“register” means the register of providers established and maintained under section 78;

“relevant designated awarding body”, in relation to a linked provider, means the designated awarding body who has entered into the arrangement referred to in subsection (3), with the linked provider;

“relevant provider” means—

(a) a previously established university,

(b) an educational institution established as a university under section 9 of the Act of 1997,

F2[(ba) a technological university]

(c) the Royal College of Surgeons in Ireland,

(d) the Dublin Institute of Technology,

(e) a provider whose programme of education and training is validated under section 45,

(f) a provider who has entered into an arrangement with an awarding body under section 48,

(g) a provider to whom authority to make an award has been delegated under F5[section 53,]

(h) a provider who is authorised to use the international education mark under section 61 other than a provider who is so authorised where that provider is also—

(i) a provider referred to in paragraphs (a) to (g), or

(ii) a linked F5[provider,]

F1[(i) an Institute of Technology,

(j) an education and training board, or

(k) a listed awarding body providing one or more programmes leading to its own awards that are awards included within the Framework;]

F1["Solas" means An tSeirbhís Oideachais Leanúnaigh agus Scileanna;]

“superannuation benefit” means a pension, gratuity or other allowance payable on resignation, retirement or death;

“Teagasc” means Teagasc — The Agriculture and Food Development Authority;

F2["technological university" has the meaning assigned to it by the Technological Universities Act 2018;]

“validation”, in relation to a programme of education and training, shall be construed in accordance with subsection (2);

F6[…]

F5[(2) For the purposes of this Act, a programme of education and training is validated where the Authority confirms under section 45 that the provider of the programme has satisfied the Authority that, in respect of the period for which, by virtue of subsection (1A) or (1B) of section 45, the validation is to have effect:

(a) an enrolled learner of that provider who completes that programme will acquire, and where appropriate, be able to demonstrate, the necessary knowledge, skill or competence to justify an award of the Authority being offered in respect of that programme;

(b) the quality assurance procedures established under section 28 by that provider are consistent with the guidelines issued by the Authority under section 27(1) and suitable for quality assuring that programme; and

(c) the provider has the capacity and capability to provide that programme;

and section 45 shall be construed and operate so as to require the Authority to be so satisfied as to those matters.]

(3) Subject to subsection (4), a linked provider is a F5[provider that has a place of business in the State and is not] a designated awarding body but enters into an arrangement with a designated awarding body under which arrangement the provider provides a programme of education and training that satisfies all or part of the prerequisites for an award of the designated awarding body.

(4) A provider of a programme referred to in subsection (3) is not a linked provider where the award referred to in that subsection is a joint award of the provider and the designated awarding body.

(5) A reference to access, transfer and progression, in relation to learners, is a reference to—

(a) access by learners to programmes of education and training, including recognition for knowledge, skill or competence previously acquired,

(b) transfer of learners from one programme to another having received recognition for knowledge, skill or competence previously acquired, and

(c) progression of learners from a programme to another programme of a higher level.