C13

Prospective affecting provision: section inserted by Qualifications and Quality Assurance (Education and Training) (Amendment) Act 2019 (32/2019), s. 23, not commenced as of date of revision.

F50[55E. (1) As soon as practicable after the operative date, the Authority shall establish policies and criteria to which regard shall be had by the Authority in making—

(a) a decision under section 55C(5), and

(b) a decision under section 55D.

(2) The Authority shall publish the policies and criteria established under subsection (1) in such form and manner as it thinks appropriate (including on the internet).

(3) The reference in subsection (1) to policies and criteria, so far as that subsection relates to a decision under section 55C(5), shall be deemed to include a reference to minimum requirements, that is to say requirements that must first be fulfilled before the Authority may make a decision under section 55C(5) that the relevant awarding body is an appropriate body, with reference to a particular award, to make such an award.

(4) A requirement of the kind referred to in subsection (3) may include a requirement that the making of an application, under section 55C(4)(a), by an awarding body has been endorsed by a public authority of such class as is specified by the Authority in the requirement, and, for the purposes of this subsection, "public authority" includes the Minister, any other Minister of the Government, An tÚdarás um Ard-Oideachas, Solas, a professional recognition body and a designated awarding body.

(5) The Authority may establish different policies and criteria under subsection (1)(b) in respect of different awards.

(6) Subsection (7) applies so far as the number of awards that, for the time being, stand included within the Framework is attributable to the policies and criteria established under subsection (1)(b).

(7) The Authority shall, in establishing policies and criteria under subsection (1)(b), have regard to the need to ensure:

(a) that the number of awards included within the Framework provides a reasonable level of choice for learners; and

(b) that the number of awards included within the Framework that are awards with similar learning outcomes is not excessive.

(8) In addition to what is provided in subsection (7), the Authority shall, in establishing policies and criteria under subsection (1)(b), have regard to:

(a) the reasonable requirements of learners;

(b) the reasonable requirements of industry, agriculture, business, tourism and trade, the professions and the public service;

(c) the extent to which present and past awards in the State serve or served their educational purpose and the needs of the economy;

(d) any consultation, concerning the education and training needs of learners, engaged in by it with—

(i) bodies with responsibility for managing the provision of education and training that is funded by the Exchequer, and

(ii) bodies that regulate one or more professions;

and

(e) such aspects of Government policy as the Minister may specify for the purposes of this paragraph.

(9) The Authority may consult with another public body, including a public body that is established outside the State, where it considers that it is appropriate to do so for the efficient and effective operation of policies and criteria established under subsection (1).

(10) 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.]