44.— (1) The Authority shall, as soon as practicable after the establishment day, establish policies and criteria for the validation of programmes of education and training and shall publish the policies and criteria in such form and manner as it thinks appropriate (including on the internet).

(2) The Authority shall, within 5 years after the establishment of policies and criteria under subsection (1), and at least once in every period of 5 years thereafter, review those policies and criteria.

(3) The Authority may establish different policies and criteria for the validation of different programmes or different classes of programme of education and training.

(4) The Authority may consult with an awarding body before establishing policies and criteria for the validation of programmes of education and training where successful completion of those programmes leads to a joint award of the Authority and that awarding body under a joint awarding arrangement between the Authority and that awarding body.

(5) Subject to subsections (7), (9), (10) and (11), a provider of a programme of education and training may apply to the Authority for validation of the programme.

(6) An application made under subsection (5) shall be accompanied by such fee (if any) as may be determined by the Authority under section 80.

(7) A provider shall not make an application under subsection (5) unless—

(a) the provider has established procedures for quality assurance under section 28 F30[and those procedures address the programme for which validation is sought],

(b) the provider has established procedures for access, transfer and progression under section 56,

(c) F31[…]

(d) if subsection (11) applies to the provider, the provider has consulted with the person referred to in that subsection.

(8) A provider, other than a relevant provider or a linked provider, who makes an application for validation of a programme of education and training under subsection (5) may—

(a) for the purposes of complying with subsection (7)(a), establish procedures for quality assurance under section 28 as if the provider was a relevant provider and sections 30 and 31 shall apply to such a provider as if that provider was a relevant provider, and

(b) for the purposes of complying with subsection (7)(b), establish procedures for access, transfer and progression under section 56 as if the provider was a relevant provider.

(9) An application under subsection (5) shall be made by the following providers—

F32[(a) each Institute of Technology, in relation to programmes leading to doctoral degrees included within the Framework,]

(b) An Foras,

(c) the National Tourism Development Authority,

(d) Teagasc,

(e) An Bord Iascaigh Mhara,

(f) an educational or training institution established and maintained by F33[an education and training board],

(g) a recognised school in so far as the school provides adult, continuing or vocational education or training which leads to an award,

F30[(h) an education and training board,]

in respect of each programme of F32[that provider or, in the case of programmes referred to in paragraph (a), each such programme of the Institute of Technology concerned.].

(10) A provider referred to in subsection (9) is not required to make an application under subsection (5)—

(a) in respect of a programme of education and training—

(i) that relates to a leisure or recreational activity not intended to lead to an award,

(ii) that is part of primary or post-primary education provided by a recognised school, or

(iii) where the provider has authority, delegated to it under section 53, to make an award in respect of that programme, or to make an award in respect of a class of programme where that programme is part of that class,

(b) where the provider has entered into an arrangement under section 48 with an awarding body other than the Authority to the extent that a programme of education and training of the provider is the subject of the arrangement.

(11) A provider who organises or procures a programme of education and training which is provided, wholly or partly, by another person shall consult with that person before making an application under subsection (5).

(12) Where the person referred to in subsection (11) is a provider who, but for this subsection, would be a provider to whom subsection (9) applies, then subsection (9) shall not apply to that person in relation to that programme.