84.— (1) F78[Subject to subsections (1A) and (1B), where] a relevant provider, other than a previously established university, has established and agreed quality assurance procedures under section 18, 28, 39 or 42 of the Act of 1999, and those procedures were in force immediately before the coming into operation of section 28, then, on that coming into operation, those procedures shall continue in force as if they had been established under that section and this Act shall apply accordingly.

F79[(1A) The provision made by subsection (1) for the continuance in force of the procedures referred to in that subsection shall, in relation to the procedures subsequently mentioned in this subsection, cease to apply (and, accordingly, those procedures shall no longer be taken to be in force as if they had been established under section 28) in either—

(a) the following circumstances—

(i) a period of 3 years from the commencement of section 35 of the Qualifications and Quality Assurance (Education and Training) (Amendment) Act 2019 has expired, and

(ii) the relevant provider concerned has not, within that period, submitted a copy of the procedures to the Authority for approval under section 30,

or

(b) the following circumstances—

(i) the relevant provider concerned has, within the foregoing period, done that which is referred to in paragraph (a)(ii), and

(ii) either—

(I) the Authority refuses to approve under section 30 the procedures submitted to it and the period prescribed under section 70 for lodging with the Appeals Panel, in accordance with section 69, an appeal against that refusal has expired without such an appeal being so lodged, or

(II) the Authority refuses to approve under section 30 the procedures submitted to it, an appeal against that refusal has, in accordance with section 69, been lodged with the Appeals Panel within the period so prescribed and an Appeals Board either affirms the decision of the Authority or directs it to reconsider its decision and, in the latter case, the Authority, on such reconsideration, again refuses to approve under section 30 the procedures submitted to it.

(1B) The provisions of section 30 shall apply to a copy of procedures submitted to the Authority, as mentioned in subsection (1A), as they apply to a draft of proposed procedures referred to in subsection (1) of section 30 that is submitted to the Authority.]

(2) Where a previously established university has established quality assurance procedures under section 35 of the Act of 1997, and those procedures were in force immediately before the coming into operation of section 28, then, on that coming into operation, those procedures shall continue in force as if they had been established under that section and this Act shall apply accordingly.

(3) A review under—

(a) section 18(4), section 28(4), section 39(4) or section 42(4) of the Act of 1999, or

(b) section 35(4) of the Act of 1997,

which is in the process of being conducted, shall, on the coming into operation of section 34, be a review for the purposes of that section and this Act shall apply accordingly.

(4) F78[Subject to subsections (4A) to (4C), where] a programme of education and training has been validated by the Further Education and Training Awards Council or the Higher Education and Training Awards Council under section 15 or 25 of the Act of 1999, as the case may be, and that validation has not been withdrawn before the coming into operation of section 45, then on that coming into operation—

(a) the programme shall be taken to have been validated by the Authority under section 45, and

(b) any conditions imposed under subsection (4) of section 15 or subsection (4) of section 25, of the Act of 1999, shall be taken to be conditions imposed under section 45(2),

and this Act shall apply accordingly.

F79[(4A) On the making of a determination by the Authority under subsection (4B), subsection (4)(a) shall continue to have effect in relation to a programme of education and training for the period that is specified in the determination and, subject to subsections (4B) and (4C), for no longer (and, accordingly, that programme shall, subject to those subsections, no longer be taken to be validated by the Authority under section 45 on the expiry of such period).

(4B) For the purpose of limiting, subsequent to the commencement of section 35 of the Qualifications and Quality Assurance (Education and Training) (Amendment) Act 2019, the continued effect of subsection (4)(a) in relation to a programme of education and training, the Authority shall, on or after that commencement, determine the period (being a period that shall be specified in the determination and expressed to begin on the making of the determination) for which subsection (4)(a) shall continue to have effect in relation to a programme of education and training, but subsection (4C) applies so as to provide that, in the circumstances specified in that subsection and in relation to the learner there referred to, a programme of education and training shall, for the purposes of this Act, be deemed to be validated notwithstanding the fact that the foregoing period has expired.

(4C) In circumstances in which a learner—

(a) is enrolled on a programme of education and training before the expiry of the period specified, in a determination under subsection (4B), with respect to that programme, and

(b) completes, in accordance with its terms, that programme after that expiry,

that programme shall, in relation to that learner, be deemed to be validated for the purposes of this Act notwithstanding the expiry of the period so specified.]

(5) Where an application for validation of a programme of education and training has been made under section 15(1) or section 25(1) of the Act of 1999 but on the coming into operation of section 44 no decision has been made by the Further Education and Training Awards Council or the Higher Education and Training Awards Council in respect of the application, that application shall continue under section 44 and this Act shall apply accordingly.

(6) After the coming into operation of section 44, and until the Authority establishes the policies and criteria for the validation of programmes of education and training under that section, the policies and criteria for validation established under section 14(1)(a)(ii) or section 23(1)(a)(ii) of the Act of 1999, as the case may be, shall continue to apply in relation to an application for validation under section 44.

(7) A review under section 16 or 26 of the Act of 1999 which is in the process of being conducted, shall, on the coming into operation of section 46, be a review for the purposes of that section and this Act shall apply accordingly.

(8) A further education and training award made by the Further Education and Training Awards Council under section 14(1)(c) of the Act of 1999 before the coming into operation of section 50 shall, on the coming into operation of that section, be taken to be an award made by the Authority under that section.

(9) A higher education and training award made by the Higher Education and Training Awards Council under section 23(1)(c) of the Act of 1999 before the coming into operation of section 50 shall, on the coming into operation of that section, be taken to be an award made by the Authority under that section.

(10) After the coming into operation of section 50, and until the Authority in accordance with section 49(1) determines the standards of knowledge, skill or competence to be acquired, and where appropriate, demonstrated, by a learner before an award may be made by the Authority or by a provider to whom authority to make an award has been delegated, standards of knowledge, skill or competence to be acquired by a learner determined under section 14(1)(b) or section 23(1)(b) of the Act of 1999, as the case may be, shall continue to apply before an award may be made by the Authority under section 50 or by a provider to whom authority to make an award has been delegated.

(11) After the coming into operation of section 50, and until the Authority in accordance with subsection (1) of that section establishes policies and criteria for the making of awards by the Authority and a provider to whom authority to make an award has been delegated, policies and criteria for the making of awards established under section 14(1)(a)(i) or 23(1)(a)(i) of the Act of 1999, as the case may be, shall continue to apply to the making of an award by the Authority under section 50.

(12) Where authority to make a further education and training award or a higher education and training award has been delegated to a provider under section 19(5) or 29(5) of the Act of 1999 and—

(a) the authority has not been withdrawn under section 20 or section 30 of that Act as the case may be, or

(b) a decision to withdraw the authority has been overturned by the National Qualifications Authority of Ireland on appeal under the Act of 1999,

before the coming into operation of section 53, then, on that commencement—

(i) that authority shall be taken to have been delegated under section 53,

(ii) any conditions imposed under section 19, other than conditions referred to in paragraphs (a) to (d) of subsection (6) of that section, or section 29, other than conditions referred to in paragraphs (a) to (d) of subsection (6) of that section, of the Act of 1999 shall be taken to be conditions imposed by the Authority under section 53(4)(b), and

(iii) any conditions referred to in paragraphs (a) to (d) of subsection (6) of section 19, or in paragraphs (a) to (d) of subsection (6) of section 29, of the Act of 1999, shall be taken to be conditions imposed by the Authority under section 53(4)(a),

and this Act shall apply accordingly.

(13) Where a request has been made under section 19(1) or section 29(1) of the Act of 1999 for delegated authority to make an award but on the coming into operation of section 52 no decision has been made by the Further Education and Training Awards Council or the Higher Education and Training Awards Council in respect of that request, that request shall be taken to be a request under section 52 and this Act shall apply accordingly.

(14) After the coming into operation of section 53, and until the Authority establishes procedures and criteria for the determination of a request for delegation of authority to make an education and training award, then—

(a) procedures agreed under section 19(4) and criteria determined under section 19(3) of the Act of 1999 shall apply to a request by a provider specified in paragraph (b), (c) or (d) of section 52(2), and

(b) procedures agreed under section 29(4) and criteria determined under section 29(3) of the Act of 1999 shall apply to a request by a provider specified in paragraph (a) of section 52(2),

except in so far as the procedures agreed under section 19(4) or 29(4), or the criteria determined under section 19(3) or 29(3), of the Act of 1999 may be inconsistent with this Act.

(15) After the coming into operation of section 56, and until the Authority establishes policies and criteria for access, transfer and progression of learners, a provider to whom that section applies shall establish procedures for access, transfer and progression of learners under subsection (2) of that section, in accordance with procedures established by the National Qualifications Authority of Ireland under section 8(2)(d) of the Act of 1999.

(16) A review under section 20 or 30 of the Act of 1999 which is in the process of being conducted, shall, on the coming into operation of section 54 be a review for the purposes of that section and this Act shall apply accordingly.

(17) After the coming into operation of section 54, and until the Authority establishes procedures for review under that section, procedures for review established under section 20(4) or under section 30(4) of the Act of 1999, as the case may be, shall apply to a review under section 54.

(18) A charter recognised under section 31 of the Act of 1999 that was in force immediately before the coming into operation of section 82 shall be, on the coming into operation of that section, in so far as the charter does not conflict with this Act or the Institutes of Technology Acts 1992 to 2006, a charter recognised under section 82 and this Act shall apply accordingly.