Qualifications and Quality Assurance (Education and Training) Act 2012

60

Code of Practice for provision of programme to international learners.

60.— (1) The Authority shall, as soon as practicable after the establishment day, establish and publish a code of practice to be complied with by providers of programmes of education and training to international learners in the State for the purposes of obtaining authorisation from the Authority to use the international education mark under section 61.

(2) Before establishing a code of practice under subsection (1), the Authority shall consult with An tÚdarás um Ard-Oideachas and such providers and other bodies as the Authority considers appropriate and, in relation to providers of programmes of education and training in English as a foreign language, the National Tourism Development Authority.

(3) The Authority shall publish the code of practice established under subsection (1) in such form and manner as it thinks appropriate (including on the internet) specifying the date on which the code shall come into operation.

(4) A code of practice established under subsection (1) may include different provisions in respect of different providers or providers of different classes.

(5) The Authority may amend or revoke a code of practice established under subsection (1).

(6) Without prejudice to the generality of subsection (1), a code of practice established under that subsection shall specify requirements relating to—

(a) arrangements for the protection of learners,

(b) the collection of fees from enrolled learners, and

(c) requirements in relation to the tax compliance of a provider.

(7) In making provision of the type referred to in subsection (6)(a), arrangements for the protection of enrolled learners may include arrangements set out in section 65 if that section would otherwise not apply.

Annotations

Amendments:

F57

Substituted by Qualifications and Quality Assurance (Education and Training) (Amendment) Act 2019 (32/2019), s. 25(a), (b), (c)(ii), (d), not commenced as of date of revision.

F58

Inserted by Qualifications and Quality Assurance (Education and Training) (Amendment) Act 2019 (32/2019), s. 25(a), (c)(iii), not commenced as of date of revision.

F59

Deleted by Qualifications and Quality Assurance (Education and Training) (Amendment) Act 2019 (32/2019), s. 25(c)(i), not commenced as of date of revision.

Modifications (not altering text):

C18

Prospective affecting provisions: subss. (1) substituted, (1A) inserted, (2) substituted, (6) amended and (7) substituted by Qualifications and Quality Assurance (Education and Training) (Amendment) Act 2019 (32/2019), s. 25, not commenced as of date of revision.

60.—F57[(1) The Authority shall, as soon as practicable after the commencement of section 25 of the Qualifications and Quality Assurance (Education and Training) (Amendment) Act 2019, establish and publish a code of practice to be complied with by providers (other than associated providers) of programmes of education and training to

(a) international learners in the State enrolled on

(i) programmes leading to awards that are awards included within the Framework made by:

(I) the Authority;

(II) a provider to whom the authority to make an award has been delegated under section 53;

(III) a designated awarding body; or

(IV) a listed awarding body,

or

(ii) English language programmes,

or

(b) learners outside the State enrolled on programmes leading to awards that are awards included within the Framework made by the Authority or a body or provider referred to in paragraph (a)(i)(II) or (III),

for the purposes, in either case, of obtaining authorisation from the Authority to use the international education mark under section 61.]

F58[(1A) The Authority may establish and publish under subsection (1)

(a) different codes of practice for different relevant or linked providers, or groups of relevant or linked providers,

(b) different codes of practice for different classes of programmes or different types of provision.]

F57[(2) Before establishing a code of practice under subsection (1), the Authority shall consult with An tÚdarás um Ard-Oideachas and such providers and other bodies as the Authority considers appropriate.]

(3) The Authority shall publish the code of practice established under subsection (1) in such form and manner as it thinks appropriate (including on the internet) specifying the date on which the code shall come into operation.

(4) A code of practice established under subsection (1) may include different provisions in respect of different providers or providers of different classes.

(5) The Authority may amend or revoke a code of practice established under subsection (1).

(6) Without prejudice to the generality of subsection (1), a code of practice established under that subsection shall specify requirements relating to—

(a) arrangements for the protection of learners,

(b) the collection of fees from enrolled learners, F59[]

(c) requirements in relation to the tax compliance of a F57[provider, and]

F58[(d) the establishment of policies and procedures in writing by a provider for the purposes of the management of human resources, including policies and procedures for the recruitment, training, continuing professional development, employment and cessation of employment of education and teaching staff.]

F57[(7) In specifying, under subsection (6), requirements relating to the matters referred to in paragraph (d) of that subsection, the Authority shall consult, in such manner as it thinks fit, with such person or persons, who represent education and training staff of providers, as it considers appropriate.]