52.— (1) The Authority shall, as soon as practicable after the establishment day, establish and publish, in such form and manner as it thinks appropriate (including on the internet), procedures and criteria for the determination of a request under subsection (2), which criteria shall include criteria relating to the overall operation and management of the provider making the request F41[and the suitability of the quality assurance procedures established by the provider under section 28].

(2) Subject to subsection (3), any of the following may request the Authority to delegate to it the authority to make an award:

F42[(a) an Institute of Technology, in relation to programmes leading to doctoral degrees included within the Framework;]

F43[(aa) an education and training board established by section 9 of the Education and Training Boards Act 2013; ]

(b) An Foras;

(c) the National Tourism Development Authority;

(d) Teagasc;

(e) a provider of a programme of education and training fulfilling the conditions set out in regulations made under subsection (8).

(3) A provider referred to in subsection (2) may not make a request under that subsection unless—

F42[(a) the provider has established procedures for quality assurance under section 28 that will address, in a manner that is appropriate, the delegation of authority that is to be requested and the programmes related to it,]

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

(c) F44[…]

(d) if subsection (10) applies to the provider, the provider has consulted with the other person referred to in that subsection.

(4) Where a provider referred to in subsection (2) makes a request under that subsection and the provider is not a relevant provider or a linked provider, that provider may—

(a) for the purposes of complying with subsection (3)(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 (3)(b), establish procedures for access, transfer and progression under section 56 as if the provider was a relevant provider.

(5) A request by a provider under subsection (2) for delegated authority to make an award may be made in respect of a programme or a class of programme of education and training of the provider.

(6) Where a provider makes a request under subsection (2) in respect of a class of programme of education and training of the provider, that provider shall specify in the request all of its programmes of education and training within that class.

(7) A request by a provider under subsection (2) shall be accompanied by such fee (if any) as may be determined by the Authority under section 80.

(8) The Minister shall make regulations as soon as practicable after the establishment day specifying the conditions that shall be fulfilled by a provider of a programme of education and training for the purposes of subsection (2)(e).

(9) Without prejudice to the generality of subsection (8), conditions specified in regulations made under that subsection shall require that a provider has a minimum number (not less than one) of its programmes validated by the Authority and may require that—

(a) a provider’s programmes of education and training have not fewer than the number of enrolled learners specified in the regulations, or

(b) a provider’s programmes have been validated by the Authority for a minimum period.

(10) Where a provider referred to in subsection (2) organises or procures a programme of education and training and makes a request under that subsection in respect of an award made on completion of the programme but that programme is, wholly or partly, provided by another person, the provider making the request shall consult with that other person before making the request.

(11) For the purposes of this section, and sections 53, 54 and 55, a class of programme of education and training may comprise F44[…]—

F42[(a) either or both—

(i) programmes which lead to awards that are awards included within the Framework or included at—

(I) a specific level within, or

(II) levels falling in a specific range within,

the Framework,

(ii) programmes in a particular subject area included within the Framework (whether included within it at a specific level or at levels as described in subparagraph (i)(II)),

(b) any other grouping (by reference to such matters as the Authority considers appropriate) of programmes that the Authority deems to be necessary or expedient.]