28. (1) The applicant institutes concerned shall, in relation to an application for an order under section 36, jointly comply with the following criteria (in this chapter referred to as “eligibility criteria”):

(a) of the students of the applicant institutes registered on a programme that leads to an award to at least honours bachelor degree level—

(i) at least 4 per cent are research students registered on a programme which leads to an award to at least masters degree level, and

(ii) at least 30 per cent fall within one or more than one of the following classes of students:

(I) students who are registered on a programme that is provided on a flexible basis, such as by means of part-time, online or distance learning;

(II) students who are registered on a programme that has been designed, and is being delivered, with the involvement (which shall be construed in accordance with subsection (2)(b)), of business, enterprise, the professions, the community, local interests and other related stakeholders in the region in which the campuses of the applicant institutes are located;

(III) students who are not less than 23 years of age;

(b) the applicant institutes have a plan that demonstrates, to the satisfaction of the advisory panel, that they would have capacity, as a technological university to increase within 10 years of the date of the making of an order under section 36, from at least 4 per cent to at least 7 per cent, the proportion of their research students referred to in paragraph (a)(i);

(c) of the full-time academic staff of the applicant institutes engaged in the provision of a programme that leads to an award to at least honours bachelor degree level—

(i) at least 90 per cent hold a masters degree or doctoral degree,

(ii) at least 45 per cent hold—

(I) a doctoral degree, or

(II) subject to subparagraph (iii), a terminal degree, as well as sufficient practical experience gained in the practice of a profession to which the programme relates, such that the degree and experience together can reasonably be viewed by the advisory panel as equivalent to a doctoral degree,

and

(iii) not more than 10 per cent hold only the qualifications referred to in subparagraph (ii)(II);

(d) the applicant institutes have a plan that demonstrates, to the satisfaction of the advisory panel, that they would have capacity, as a technological university, to increase, within 10 years of the date of the making of an order under section 36, from at least 45 per cent to at least 65 per cent, the proportion of their full-time academic staff referred to in paragraph (c)(ii);

(e) of the full-time academic staff of the applicant institutes engaged in both of the following, at least 80 per cent hold a doctoral degree—

(i) the provision of a programme that leads to an award at doctoral degree level, and

(ii) the conduct of research;

(f) each of the full-time academic staff of the applicant institutes engaged in the supervision of students registered on a programme that leads to an award to doctoral degree level—

(i) holds—

(I) a doctoral degree, or

(II) a terminal degree, as well as sufficient practical experience gained in the practice of a profession to which the programme relates, such that the degree and experience together can reasonably be viewed by the advisory panel as equivalent to a doctoral degree,

and

(ii) has a record of continued conduct of research in an area relevant to the programme;

(g) in respect of not less than 3 fields of education—

(i) the applicant institutes provide programmes that lead to awards to doctoral degree level, and

(ii) the academic staff and students of the applicant institutes conduct research;

(h) in relation to a programme referred to in paragraph (g), the applicant institutes demonstrate, to the satisfaction of the advisory panel—

(i) that they carry out innovation activity and conduct research to a high standard, and

(ii) that the innovation and research has positive social and economic effects on business, enterprise, the professions, the community, local interests and other related stakeholders in the region in which the campuses of the applicant institutes are located;

(i) all programmes provided by the applicant institutes that lead to an award to doctoral degree level comply with any policy relating to doctoral education as may be agreed from time to time between An tÚdarás and the Qualifications and Quality Assurance Authority of Ireland following consultation with bodies representing the interests of an institute, a technological university or a university specified in paragraphs (a) to (d) of section 4(1) of the Universities Act 1997;

(j) the applicant institutes have a plan that demonstrates to the satisfaction of the advisory panel that they would have capacity, as a technological university to increase within 5 years of the date of the making of an order under section 36, from at least 3 to at least 5, the fields of education referred to in paragraph (g);

(k) the applicant institutes demonstrate to the satisfaction of the advisory panel that the applicant institutes have, at the time they apply under section 29 for an order under section 36, the capacity to effectively perform the functions of a technological university and in particular demonstrate —

(i) that they have integrated, coherent and effective governance structures in place concerning academic, administrative and management matters,

(ii) that they have strong links with business, enterprise, the professions, the community, local interests and other stakeholders in the region in which the campuses of the applicant institutes are located,

(iii) that they have, under section 28 of the Act of 2012, established procedures in writing for quality assurance in relation to which—

(I) no notice has been furnished by the Qualifications and Quality Assurance Authority of Ireland under section 36(1) of the Act of 2012, or

(II) approval has not been withdrawn under section 36 of that Act,

(iv) that they develop, and have procedures in place to further develop programmes that respond to the needs of business, enterprise, the professions, the community, local interests and other related stakeholders in the region in which the campuses of the applicant institutes are located,

(v) that they —

(I) provide opportunities for staff and students of the applicant institutes to teach, learn or conduct research at institutions that provide higher education outside the State, or to obtain relevant work experience outside the State,

(II) provide opportunities for staff and students of institutions that provide higher education outside the State to teach, learn or conduct research at the applicant institutes, and

(III) collaborate with institutions that provide higher education outside the State, including on joint research projects and for the purpose of provision of programmes;

(l) that they develop and promote and if an order is made under section 36 have procedures in place to further develop and promote, as a technological university, strong social and cultural links, and links supporting creativity, between the technological university and the community in the region in which the campuses of the technological university will be located.

(2) (a) In this section—

“award” means an award that is recognised within the Framework;

“credit” has the same meaning as it has in section 56 of the Act of 2012;

“field of education” means a field of education described as a narrow field of education in the International Standard Classification of Education being the classification for the time being adopted by the United Nations Educational, Scientific and Cultural Organisation;

“level” means recognised at the level concerned within the Framework;

“programme” means programme of education and training;

“research student” means a student who is registered on a programme of education and training where not less than 60 per cent of the available credits are assigned in respect of a thesis or theses prepared by the student based on research conducted by him or her.

(b) For the purposes of subparagraph (ii)(II) of subsection (1)(a), “involvement” in relation to a programme may include—

(i) developing, with one or, as the case may be, more than one of the applicant institutes concerned, the curriculum of the programme,

(ii) contributing to assessment, as required by the programme, of the progress of a student, or

(iii) providing a work placement for a student registered on the programme.

(c) A reference, in paragraph (c), (e) or (f) of subsection (1)—

(i) to a masters or doctoral degree held by a member of staff of the applicant institutes is a reference to a degree awarded to masters or doctoral level within the Framework and if not awarded within the Framework is, to the satisfaction of the advisory panel, equivalent to such a degree, or

(ii) to a terminal degree held by a member of staff of the applicant institutes is a reference to an award to at least honours bachelor degree level within the Framework which, in the view of the advisory panel, was at the time the award was made the highest academic award available in the discipline concerned, and if not so awarded within the Framework is, to the satisfaction of the advisory panel, equivalent to such a degree.