Further Education and Training Act 2013
Number 25 of 2013
FURTHER EDUCATION AND TRAINING ACT 2013
REVISED
Updated to 8 June 2023
This Revised Act is an administrative consolidation of the Further Education and Training Act 2013. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.
All Acts up to and including the Regulated Professions (Health and Social Care) (Amendment) Act 2023 (14/2023), enacted 6 June 2023, and all statutory instruments up to and including the Industrial Training (Quantity Surveying Industry) Order 2023 (S.I. No. 319 of 2023), made 8 June 2023, were considered in the preparation of this Revised Act.
Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to
revisedacts@lawreform.ie.
Number 25 of 2013
FURTHER EDUCATION AND TRAINING ACT 2013
REVISED
Updated to 8 June 2023
Introduction
This Revised Act presents the text of the Act as it has been amended since enactment, and preserves the format in which it was passed.
Related legislation
This Act is not collectively cited with any other Act.
Annotations
This Revised Act is annotated and includes textual and non-textual amendments, statutory instruments made pursuant to the Act and previous affecting provisions.
An explanation of how to read annotations is available at
www.lawreform.ie/annotations.
Material not updated in this revision
Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked. This information is not represented in this revision but will be reflected in a revision of the amended legislation if one is available.
Where legislation or a fragment of legislation is referred to in annotations, changes to this legislation or fragment may not be reflected in this revision but will be reflected in a revision of the legislation referred to if one is available.
A list of legislative changes to any Act, and to statutory instruments from 1972, may be found linked from the page of the Act or statutory instrument at
www.irishstatutebook.ie.
Acts which affect or previously affected this revision
• Workplace Relations Act 2015 (16/2015)
• Protected Disclosures Act 2014 (14/2014)
All Acts up to and including Regulated Professions (Health and Social Care) (Amendment) Act 2023 (14/2023), enacted 6 June 2023, were considered in the preparation of this revision.
Statutory instruments which affect or previously affected this revision
• Industrial Training (Quantity Surveying Industry) Order 2023 (S.I. No. 319 of 2023)
• Industrial Training (Civil Engineering Industry) Order 2023 (S.I. No. 318 of 2023)
• Industrial Training (Agricultural and Horticultural Industry) Order 2023 (S.I. No. 317 of 2023)
• Industrial Training (Sporting Grounds Industry) Order 2022 (S.I. No. 405 of 2022)
• Industrial Training (Hospitality (Food and Beverage Industry)) Order 2021 (S.I. No. 782 of 2021)
• Industrial Training (Process Analytics Industry) (Amendment) Order 2021 (S.I. No. 129 of 2021)
• Industrial Training (Healthcare Industry) Order 2020 (S.I. No. 760 of 2020)
• Further and Higher Education, Research, Innovation and Science (Transfer of Departmental Administration and Ministerial Functions) Order 2020 (S.I. No. 451 of 2020)
• Industrial Training (Arboriculture Industry) Order 2020 (S.I. No. 289 of 2020)
• Industrial Training (Recruitment Industry) Order 2020 (S.I. No. 288 of 2020)
• Industrial Training (Sales Industry) Order 2019 (S.I. No. 690 of 2019)
• Industrial Training (Digital Production Industry) Order 2019 (S.I. No. 601 of 2019)
• Industrial Training (Hairdressing Industry) Order 2019 (S.I. No. 512 of 2019)
• Industrial Training (Geoscience Industry) Order 2019 (S.I. No. 511 of 2019)
• Industrial Training (Process Analytics Industry) Order 2019 (S.I. No. 200 of 2019)
• Industrial Training (Laboratory Industry) Order 2018 (S.I. No. 409 of 2018)
• Industrial Training (Logistics Industry) Order 2018 (S.I. No. 408 of 2018)
• Industrial Training (Retail Industry) Order 2018 (S.I. No. 407 of 2018)
• Industrial Training (Property Services Industry) Order 2018 (S.I. No. 199 of 2018)
• Industrial Training (Butchery Industry) Order 2017 (S.I. No. 308 of 2017)
• Industrial Training (Information and Communications Technology Industry) Order 2017 (S.I. No. 307 of 2017)
• Industrial Training (Insurance Industry) Order 2016 (S.I. No. 382 of 2016)
• Industrial Training (Heavy Goods Industry) Order 2016 (S.I. No. 381 of 2016)
• Industrial Training (Financial Services Industry) Order 2016 (S.I. No. 380 of 2016)
• Industrial Training (Culinary Industry) Order 2016 (S.I. No. 379 of 2016)
• Industrial Training (Bakery Industry) Order 2016 (S.I. No. 378 of 2016)
• Industrial Training (Accountancy Industry) Order 2016 (S.I. No. 377 of 2016)
• Further Education and Training Act 2013 (Property Vesting Day) (No. 8) Order 2014 (S.I. No. 267 of 2014)
• Further Education and Training Act 2013 (Property Vesting Day) (No. 7) Order 2014 (S.I. No. 266 of 2014)
• Further Education and Training Act 2013 (Property Vesting Day) (No. 6) Order 2014 (S.I. No. 265 of 2014)
• Further Education and Training Act 2013 (Property Vesting Day) (No 5) Order 2014 (S.I. No. 264 of 2014)
• Further Education and Training Act 2013 (Property Vesting Day) (No. 4) Order 2014 (S.I. No. 263 of 2014)
• Further Education and Training Act 2013 (Property Vesting Day) (No. 3) Order 2014 (S.I. No. 262 of 2014)
• Further Education and Training Act 2013 (Property Vesting Day) (No. 2) Order 2014 (S.I. No. 261 of 2014)
• Further Education and Training Act 2013 (Property Vesting Day Order 2014 (S.I. No. 260 of 2014)
• Further Education and Training Act 2013 (Property Vesting Day) (No. 4) Order 2013 (S.I. No. 543 of 2013)
• Further Education and Training Act 2013 (Property Vesting Day) (No. 3) Order 2013 (S.I. No. 542 of 2013)
• Further Education and Training Act 2013 (Property Vesting Day) (No. 2) Order 2013 (S.I. No. 541 of 2013)
• Further Education and Training Act 2013 (Property Vesting Day Order 2013 (S.I. No. 540 of 2013)
• Further Education and Training Act 2013 (Establishment Day) Order 2013 (S.I. No. 406 of 2013)
All statutory instruments up to and including Industrial Training (Quantity Surveying Industry) Order 2023 (S.I. No. 319 of 2023), made 8 June 2023, were considered in the preparation of this revision.
Number 25 of 2013
FURTHER EDUCATION AND TRAINING ACT 2013
REVISED
Updated to 8 June 2023
ARRANGEMENT OF SECTIONS
Preliminary and General
Section
1. Short title and commencement.
An tSeirbhís Oideachais Leanúnaigh agus Scileanna
6. Establishment of An tSeirbhís Oideachais Leanúnaigh agus Scileanna.
8. Conferral of additional functions on An tSeirbhís.
9. Further education and training strategy.
10. Membership of An tSeirbhís.
11. Conditions of office of members of An tSeirbhís.
12. Casual vacancies among members of An tSeirbhís.
13. Remuneration of members of An tSeirbhís.
15. Membership of either House of Oireachtas or European Parliament.
16. Disclosure by members of An tSeirbhís of certain interests.
17. Disclosure by members of staff of An tSeirbhís of certain interests.
18. Prohibition on unauthorised disclosure of confidential information.
22. Borrowings by An tSeirbhís.
24. Functions of chief executive.
25. Accountability of chief executive to Public Accounts Committee.
26. Accountability of chief executive to other Oireachtas Committees.
28. Transfer of staff to An tSeirbhís.
34. Protection of persons who report certain matters.
35. Prohibition on penalisation.
Dissolution of An Foras Áiseanna Saothair
37. Dissolution of An Foras Áiseanna Saothair.
38. Transfer of functions to An tSeirbhís.
39. Transfer of land and other property.
41. Liability for loss occurring before establishment day.
42. Provisions consequent upon transfer of functions, assets and liabilities to An tSeirbhís.
43. Final accounts and final annual report of dissolved body.
44. Saver in respect of certain schemes.
Miscellaneous
46. Transfer of staff from An tSeirbhís to training body.
47. Transfer of land and other property to education and training boards.
49. Provisions consequent upon transfer of functions, assets and liabilities to An tSeirbhís.
50. Amendment of Freedom of Information Act 1997.
Redress for Contravention of section 35
Acts Referred to
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1990, No. 33 |
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1993, No. 8 |
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1981, No. 11 |
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2013, No. 11 |
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1995, No. 22 |
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1997, No. 2 |
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1997, No. 13 |
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1987, No. 15 |
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Minimum Notice and Terms of Employment Acts 1973 to 2005 |
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2000, No. 41 |
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1997, No. 20 |
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2003, No. 29 |
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2001, No. 45 |
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Public Service Pensions (Single Scheme and Other Provisions) Act 2012 |
2012, No. 37 |
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Qualifications and Quality Assurance (Education and Training) Act 2012 |
2012, No. 28 |
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1967, No. 21 |
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Redundancy Payments Acts 1967 to 2007 |
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2005, No. 10 |
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2010, No. 37 |
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Unfair Dismissals Acts 1977 to 2007 |
Number 25 of 2013
FURTHER EDUCATION AND TRAINING ACT 2013
REVISED
Updated to 8 June 2023
AN ACT TO PROVIDE FOR THE ESTABLISHMENT OF A BODY TO BE KNOWN AS AN tSEIRBHÍS OIDEACHAIS LEANÚNAIGH AGUS SCILEANNA; TO PROVIDE FOR THE DISSOLUTION OF AN FORAS ÁISEANNA SAOTHAIR AND THE TRANSFER OF ITS FUNCTIONS TO THE SAID BODY; TO PROVIDE FOR THE CONFERRAL OF OTHER FUNCTIONS ON THE SAID BODY; TO REPEAL THE LABOUR SERVICES ACT 1987; AND TO PROVIDE FOR MATTERS CONNECTED THEREWITH.
[10th July, 2013]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:
Annotations
Modifications (not altering text):
C1
Functions transferred and references construed (21.10.2020) by Further and Higher Education, Research, Innovation and Science (Transfer of Departmental Administration and Ministerial Functions) Order 2020 (S.I. No. 451 of 2020), arts. 2, 3(1)(a), (2) and sch., in effect as per art. 1(2), subject to transitional provisions in arts. 4-8.
2. (1) The administration and business in connection with the exercise, performance or execution of any functions transferred by this Order are transferred to the Department of Further and Higher Education, Research, Innovation and Science.
(2) References to the Department of Education and Skills contained in any Act or any instrument made under such Act and relating to any administration and business transferred by paragraph (1) shall, from the commencement of this Order, be construed as references to the Department of Further and Higher Education, Research, Innovation and Science.
3. (1) The functions vested in the Minister for Education and Skills -
(a) by or under the Acts specified in Part 1 of the Schedule, and
...
are transferred to the Minister for Further and Higher Education, Research, Innovation and Science.
(2) References to the Minister for Education and Skills contained in any Act or instrument made under such Act and relating to any functions transferred by paragraph (1) shall, from the commencement of this Order, be construed as references to the Minister for Further and Higher Education, Research, Innovation and Science.
SCHEDULE
Article 3
Part 1
...
Further Education and Training Act 2013 (No. 25 of 2013)
...
Editorial Notes:
E1
Chief Executive officer of An tSeirbhís Oideachais Leanúnaigh agus Scileanna (Further Education and Training Authority) prescribed as the recipient of disclosures of relevant wrongdoings in relation to all matters relating to the regulation, registration, employment and education of apprentices as provided for in the Act (23.07.2014) by Protected Disclosures Act 2014 (Section 7(2)) Order 2014 (SI. No. 339 of 2014), art. 2 and sch. ref. 2.