Technological Universtities Act 2018
Number 3 of 2018
TECHNOLOGICAL UNIVERSITIES ACT 2018
REVISED
Updated to 1 November 2023
This Revised Act is an administrative consolidation of the Technological Universities Act 2018. 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 Screening of Third Country Transactions Act 2023 (28/2023), enacted 31 October 2023, and all statutory instruments up to and including the European Union (Restrictive Measures concerning Sudan) Regulations 2023 (S.I. No. 535 of 2023), made 2 November 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 3 of 2018
TECHNOLOGICAL UNIVERSITIES ACT 2018
REVISED
Updated to 1 November 2023
CONTENTS
Preliminary and General
Section
1. Short title and commencement
6. Amendments and repeals consequent upon orders of Minister
Technological University
Definitions for Part 2
Functions of technological university
9. Functions of technological university
Governance of technological university
11. Governing body of technological university
12. Membership of governing body of technological university
12A. Transitional arrangements for membership and chairperson of governing body
Staff of technological university
13. President of technological university
14. Staff of technological university
15. Superannuation of staff of technological university
Academic council of technological university
16. Academic council of technological university
17. Functions of academic council
Plans and Statements
18. Strategic development plan
Finance, property and reporting
20. Budgets of technological university
21. Borrowing, guaranteeing and underwriting
22. Accounts of technological university
25. Power to establish, or acquire, hold or dispose of shares in, companies
Investigation and information
26. Investigator and report (Repealed)
27. Information requested by Minister
27A. Review of matter and report by governing body of technological university
Application to become technological university
29. Application for order under section 36
30. Requirements on application under section 29
31. Advisory panel for purpose of application under section 29
32. Report of advisory panel to An tÚdarás
33. Report of An tÚdarás to Minister
34. Decision on application under section 29
35. Conditions for compliance with all eligibility criteria
Establishment of a technological university
36. Order establishing technological university
37. Transfer of functions from applicant institutes to technological university
Joint application of institute of technology and technological university
38. Application for order under section 43
39. Requirements on application under section 38
40. Advisory panel for purpose of application under section 38
41. Matters to which Minister shall have regard on application under section 38
42. Decision on application under section 38
43. Order dissolving applicant college
44. Transfer of functions from applicant college to technological university
Joint application of higher education provider and technological university
44A. Application for order under section 44F
44B. Requirements on application under section 44A
44C. Advisory panel for purposes of application under section 44A
44D. Matters to which Minister shall have regard on application under section 44A
44E. Decision on application under section 44A
Appeals
Transitional and Consequential Provisions
Definitions for Chapters 2 and 3 of Part 4
47. Definitions for Chapters 2 and 3 of Part 4
General transitional provisions consequent upon order under Part 2
48. Transfer of land and other property to technological university
50. Liability for loss occurring before appointed day
52. Final accounts and final report of dissolved body
53. Transfer of staff to technological university
Arrangements consequent upon order under Part 2
55. Arrangements for first governing body following order under Part 2
56. First president following order under section 36
57. Arrangements for Director or president of a dissolved body following order under Part 2
58. Arrangements for certain governing bodies following order under section 43 (Repealed)
59. Continuation of programmes of education and training following order under Part 2
60. Arrangements relating to international education mark following order under Part 2
62. Arrangements for suspension or dismissal of staff following order under Part 2
63. Arrangements for academic council following order under Part 2
64. Arrangements for certain procedures where order under Part 2
Amendment of Dublin Institute of Technology Act 1992, Dublin Institute of Technology (Amendment) Act 1994, Act of 1992, Regional Technical Colleges (Amendment) Act 1994 and Other Enactments
Amendment of Dublin Institute of Technology Act 1992, Dublin Institute of Technology (Amendment) Act 1994 and other enactments
65. Amendment of section 2 of Dublin Institute of Technology Act 1992
67. Amendment of section 3 of Dublin Institute of Technology Act 1992
69. Amendment of section 7 of Dublin Institute of Technology Act 1992
70. Amendment of section 11 of Dublin Institute of Technology Act 1992
71. Amendment of section 12A of Dublin Institute of Technology Act 1992
72. Amendment of dismissal arrangements for certain staff of Dublin Institute of Technology
73. Amendment of section 14 of Dublin Institute of Technology Act 1992
74. Amendment of section 15 of Dublin Institute of Technology Act 1992
76. Amendment of Second Schedule to Dublin Institute of Technology Act 1992
77. Amendment of Third Schedule to Dublin Institute of Technology Act 1992
78. Amendment of Dublin Institute of Technology (Amendment) Act 1994
79. Repeal of section 4 of Dublin Institute of Technology (Amendment) Act 1994
Amendment of Act of 1992, Regional Technical Colleges (Amendment) Act 1994 and other enactments
80. Amendment of section 2 of Act of 1992
82. Governing bodies (Repealed)
83. Transitional arrangements consequent upon section 82 (Repealed)
84. Amendment of section 7 of Act of 1992 (Repealed)
85. Amendment of section 10 of Act of 1992
86. Amendment of section 11A of Act of 1992
87. Amendment of dismissal arrangements for certain staff of colleges
88. Amendment of section 13 of Act of 1992
89. Amendment of section 14 of Act of 1992
91. Amendment of Second Schedule to Act of 1992 (Repealed)
92. Amendment of Third Schedule to Act of 1992
93. Amendment of section 2 of Regional Technical Colleges (Amendment) Act 1994
94. Repeal of section 4 of Regional Technical Colleges (Amendment) Act 1994
Amendment of Certain Enactments
95. Amendment of Higher Education Authority Act 1971
96. Amendment of Student Support Act 2011
97. Amendment of Qualifications and Quality Assurance (Education and Training) Act 2012
Amendment of Certain Enactments to Provide for Investigation and Information
Amendment of Act of 1940
99. Information requested by Minister
Amendment of Act of 1971
101. Amendment of section 16 of Act of 1971
Governing Body of Technological University
President of Technological University
Acts Referred to
Adoptive Leave Acts 1995 and 2005
Carer’s Leave Act 2001 (No. 19)
Companies Act 2014 (No. 38)
Comptroller and Auditor General (Amendment) Act 1993 (No. 8)
Credit Institutions (Stabilisation) Act 2010 (No. 36)
Dublin Institute of Technology (Amendment) Act 1994 (No. 31)
Dublin Institute of Technology Act 1992 (No. 15)
Education and Training Boards Act 2013 (No. 11)
Ethics in Public Office Act 1995 (No. 22)
European Parliament Elections Act 1997 (No. 2)
Higher Education Authority Act 1971 (No. 22)
Institute for Advanced Studies Act 1940 (No. 13)
Local Government Act 2001 (No. 37)
Maternity Protection Acts 1994 and 2004
Minimum Notice and Terms of Employment Acts 1973 to 2005
National College of Art and Design Act 1971 (No. 28)
Organisation of Working Time Act 1997 (No. 20)
Parental Leave Acts 1998 and 2006
Protection of Employees (Fixed-Term Work) Act 2003 (No. 29)
Protection of Employees (Part-Time Work) Act 2001 (No. 45)
Public Service Pensions (Single Scheme and Other Provisions) Act 2012 (No. 37)
Qualifications and Quality Assurance (Education and Training) Act 2012 (No. 28)
Redundancy Payments Acts 1967 to 2014
Regional Technical Colleges (Amendment) Act 1994 (No. 29)
Regional Technical Colleges Act 1992 (No. 16)
Student Support Act 2011 (No. 4)
Terms of Employment (Information) Acts 1994 to 2012
Terms of Employment (Information) Acts 1994 to 2014
Unfair Dismissals Acts 1977 to 2015
Universities Act 1997 (No. 24)
Vocational Education (Amendment) Act 1944 (No. 9)
Vocational Education Act 1930 (No. 29)
Number 3 of 2018
TECHNOLOGICAL UNIVERSITIES ACT 2018
REVISED
Updated to 1 November 2023
An Act to provide for the establishment of technological universities; to provide for the functions and governance of technological universities; to provide for the dissolution, in certain circumstances, of institutes of technology and Dublin Institute of Technology and the transfer of their functions, assets, liabilities and staff to technological universities; to provide for the reform of the governing authorities, and investigation into the performance of functions, of institutes of technology and Dublin Institute of Technology; to provide for investigation into the performance of functions of the Institute for Advanced Studies and its Constituent Schools and the National College of Art and Design; to provide for the consequential amendment of certain enactments and to provide for related matters.
[19th March, 2018]
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. part 1, 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
(b) ...
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.
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SCHEDULE
Article 3
Part 1
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Technological Universities Act 2018 (No. 3 of 2018)
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