C5

Prospective affecting provision: section inserted by Qualifications and Quality Assurance (Education and Training) (Amendment) Act 2019 (32/2019), s. 9, not commenced as of date of revision.

F18[29B. (1) The Minister shall, as soon as practicable after the operative date, make regulations specifying the criteria that (in the case of a specified provider that meets the criteria) will, in the Minister’s opinion, afford a reasonable assurance to the Authority that the specified provider has the capacity and capability to—

(a) implement quality assurance procedures, and

(b) provide programmes of education and training consistent with the requirements of this Act,

and criteria specified in regulations made under this subsection are referred to subsequently in this section as "the relevant criteria".

(2) The relevant criteria may include—

(a) criteria as to the specified provider being a fit and proper person to provide programmes of education and training,

(b) criteria related to the possession of a particular legal personality by the specified provider, the possession by it of adequate financial resources to ensure the viability of its business and the securing by it of arrangements to ensure its good corporate governance, and

(c) criteria related to the compliance by the specified provider with any enactment or instrument under an enactment (including any enactment or such an instrument passed or made after the operative date) imposing obligations on employers with respect to their employees or making provision in relation to any such obligations.

(3) With prejudice to subsection (2)(a), the relevant criteria, in the case of a specified provider that is a body corporate or an unincorporated body of persons, may include the following related criteria in respect of it, that is to say criteria as to every person who falls in the description contained in paragraph (a) or (b) (in his or her capacity as described therein) being a fit and proper person, namely:

(a) a director of the provider or other person holding a position on its board of management or, where the affairs of the provider are managed by its members, each member of it;

(b) a person employed by the provider whose duties include making decisions that, to a significant extent, could affect the management of the provider.

(4) A specified provider may request, in writing, the Authority to make a determination as to whether or not, at the date of the request, the provider meets the relevant criteria and a request under this subsection shall be accompanied by the payment by the requester of such fee (if any) as may be determined by the Authority under section 80.

(5) As soon as may be after the making of a request under and in accordance with subsection (4), the Authority shall consider the request and, for that purpose, may require the requester to submit to it such information and documents as it may reasonably require; on completion of its consideration of the request the Authority shall make a determination as to whether or not, at the date concerned, the requester meets the relevant criteria and shall notify the requester of the determination.

(6) A provider who knowingly makes to the Authority, on foot of a requirement made of it by the Authority under subsection (5), a statement which is false or misleading in a material respect commits an offence.

(7) Nothing in this section or section 29C shall be construed as being applicable to a provider specified in section 65(6).]