44D. (1) The Minister shall, for the purposes of subsection (2), have regard to such of the following matters as respects the applicant higher education provider as the Minister considers appropriate:

(a) whether the applicant higher education provider has been established and is operated for the principal purposes of higher education, training and research;

(b) the number of programmes of education and training provided by the applicant higher education provider which lead to education awards that are included within the Framework;

(c) whether the applicant higher education provider has a good track record in relation to performance in the field of education and has provided programmes referred to in paragraph (b) in the State for such period before the application under section 44A as the Minister considers appropriate in order to demonstrate that performance;

(d) whether the level of qualifications of the academic staff of the applicant higher education provider are at a sufficiently high level to provide the programmes of education and training which it provides;

(e) whether the applicant higher education provider has integrated, coherent and effective governance structures in place concerning academic, administrative, financial and management matters;

(f) whether the applicant higher education provider—

(i) has, under section 28 of the Act of 2012, established procedures in writing for quality assurance in relation to which the Qualifications and Quality Assurance Authority of Ireland—

(I) has approved those procedures under the Act of 2012,

(II) has not proposed by notice under section 36(1) of that Act to withdraw that approval, and

(III) has not withdrawn that approval under section 36 of that Act,

or

(ii) if the applicant higher education provider is a linked provider within the meaning of the Act of 2012, has, under section 28 of that Act, established procedures in writing for quality assurance in relation to which a relevant designated awarding body within the meaning of that Act—

(I) has approved those procedures under the Act of 2012,

(II) has not proposed by notice under section 39(1) of that Act to withdraw that approval, and

(III) has not withdrawn that approval under section 39 of that Act;

(g) whether the applicant higher education provider is financially viable and has sufficient financial resources available, should an order be made under section 44F, to meet any projected costs arising as a result of the application under section 44A and to continue to provide education for such period as may be specified in that application;

(h) the outcome of the due diligence processes undertaken in relation to the applicant higher education provider for the purposes of the application under section 44A to assess the appropriateness of an order being made under section 44F;

(i) the arrangements proposed for the business and operation or, as the case may be, a part of the business and operation of the applicant higher education provider to become and form part of the applicant technological university;

(j) such other matters as may be determined by the Minister in consultation with An tÚdarás.

(2) In deciding whether to make an order under section 44F, the Minister shall, in addition to the matters to which he or she had regard under subsection (1), have regard to the following matters:

(a) if the needs of students, business, enterprise, the professions, the community, local interests and other related stakeholders in the region in which the campuses of the applicant higher education provider and applicant technological university are located would be more efficiently and effectively served if the order were made;

(b) if the projected demand, based on demographic trends, for higher education in the region in which the campuses of the applicant higher education provider and applicant technological university are located, would justify the making of the order;

(c) if sufficient financial resources are available to the applicant higher education provider and applicant technological university to meet the projected costs arising on the making of the order;

(d) if the applicant higher education provider and the applicant technological university would together be financially viable if the order were made;

(e) if making the order would comply with such policies of the Government as relate to higher education.

(3) In this section, "level", in relation to qualifications, means included at the level concerned within the Framework.]