Higher Education Authority Act 2022
Number 31 of 2022
HIGHER EDUCATION AUTHORITY ACT 2022
REVISED
Updated to 1 August 2024
This Revised Act is an administrative consolidation of the Higher Education Authority Act 2022. 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 Courts, Civil Law, Criminal Law and Superannuation (Miscellaneous Provisions) Act 2024 (30/2024), enacted 23 July 2024, and all statutory instruments up to and including the Research and Innovation Act 2024 (Commencement) Order 2024 (S.I. No. 373 of 2024), made 25 July 2024, 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 31 of 2022
HIGHER EDUCATION AUTHORITY ACT 2022
REVISED
Updated to 1 August 2024
CONTENTS
Preliminary and general
Section
1. Short title and commencement
5. Repeals, revocations and savers
An tÚdarás um Ard-Oideachas
Continuance in being and functions of An tÚdarás
7. An tÚdarás um Ard-Oideachas
Ministerial powers and information
11. Power of Minister to give directions to An tÚdarás
12. Power of Minister to issue guidelines to An tÚdarás
13. Reports and information to Minister
Board of An tÚdarás
16. Membership of Board of An tÚdarás
Administrative co-operation with other bodies
17. Administrative co-operation with other bodies
18. Co-operation between An tÚdarás and An tSeirbhís regarding apprenticeships
Funding and accountability of An tÚdarás
20. Corporate plan of An tÚdarás
23. Annual report of An tÚdarás
Chief Executive Officer
26. Functions of Chief Executive Officer
27. Accountability of Chief Executive Officer to Public Accounts Committee
28. Accountability of Chief Executive Officer to other Oireachtas committees
Staff of An tÚdarás
30. Existing staff of An tÚdarás
31. Superannuation for members of staff of An tÚdarás
Strategic planning for tertiary education and provision of funding for higher education
Strategic planning for tertiary education and performance of higher education providers
33. Strategy for tertiary education
34. Planning for provision of higher education
36. Performance agreements with designated institutions of higher education
Provision of funding by An tÚdarás
37. Provision of funding by An tÚdarás
39. Information from other bodies relating to funding
40. Compliance with conditions of funding
42. Remedial and other measures following assessment of compliance with conditions of funding
Students
44. National student engagement
Access, participation and lifelong learning
46. Equity of access, participation and promotion of success
47. Lifelong and flexible learning
Data protection
48. Supply of non-personal data
50. Furnishing of non-personal data
51. Furnishing of personal data
Designated institutions of higher education
Designated institutions of higher education
53. Designated institutions of higher education
Designation by order of certain higher education providers as designated institutions of higher education
54. Designation by order of higher education provider as designated institution of higher education
55. Conditions to be complied with for making of designation order
56. Continuing obligation to comply with conditions for designation
57. Review of compliance with conditions for designation
58. Directions of An tÚdarás following review of compliance with conditions for designation
59. Revocation of designation order
60. Use of title “designated institution of higher education”
Obligations of certain designated institutions of higher education and higher education providers
61. Strategic development plan of certain designated institutions of higher education
62. Equality statement of certain designated institutions of higher education
63. Accounts of certain higher education providers
Oversight by An tÚdarás of designated institutions of higher education
64. Review of matter and report to An tÚdarás
65. Determination of matter by Chief Executive Officer
66. Remedial and other measures
67. Furnishing of information to other bodies
68. Appointment of reviewer of designated institution of higher education
Appeals
70. Determination of appeal by appeals board
Amendments of Universities Act 1997
72. Amendment of section 4(1) of Act of 1997
73. Composition of governing authority of university
74. Provisions relating to Trinity College, Dublin
75. Chairperson of governing authority
76. Amendment of section 18 of Act of 1997
77. Review of matter and report by governing authority of university
78. Transitional arrangements for membership and chairperson of governing authority
79. Amendment of section 33(2) of Act of 1997
80. Amendment of section 34 of Act of 1997
81. Amendment of section 36 of Act of 1997
82. Amendment of section 37 of Act of 1997
83. Amendment of Third Schedule to Act of 1997
84. Amendment of Fourth Schedule to Act of 1997
Amendment of Technological Universities Act 2018
85. Amendment of section 2 of Act of 2018
86. Amendment of section 3 of Act of 2018
87. Amendment of section 7 of Act of 2018
88. Amendment of section 8(1) of Act of 2018
89. Amendment of section 11 of Act of 2018
90. Membership of governing body of technological university
91. Transitional arrangements for membership and chairperson of governing body
92. Amendment of section 18 of Act of 2018
93. Amendment of section 19 of Act of 2018
94. Amendment of section 22(3) of Act of 2018
95. Amendment of section 25 of Act of 2018
96. Review of matter and report by governing body of technological university
97. Joint application of higher education provider and technological university
98. Amendment of section 45(1) of Act of 2018
99. Amendment of section 47 of Act of 2018
100. Amendment of section 59 of Act of 2018
101. Amendment of section 60 of Act of 2018
102. Amendment of section 61 of Act of 2018
103. Amendment of section 62 of Act of 2018
104. Amendment of Schedule 1 to Act of 2018
Amendment of Regional Technical Colleges Act 1992 and Regional Technical Colleges (Amendment) Act 1994
106. Amendment of section 2 of Act of 1992
107. Amendment of section 3(5) of Act of 1992
108. Amendment of section 5(1) of Act of 1992
109. Governing bodies of colleges
110. Transitional arrangements for membership and chairperson of governing bodies
111. Amendment of section 7 of Act of 1992
112. Amendment of section 21C of Act of 1992
113. Amendment of section 21D of Act of 1992
114. Review of matter and report by governing body of college
115. Amendment of Second Schedule to Act of 1992
116. Amendment of section 2(1) of Regional Technical Colleges (Amendment) Act 1994
Amendment of National College of Art and Design Act 1971
117. Amendment of section 1(1) of Act of 1971
118. Amendment of section 4(2) of Act of 1971
119. Amendment of section 5 of Act of 1971
121. Amendment of section 7 of Act of 1971
122. Amendment of section 10 of Act of 1971
123. Amendment of section 13 of Act of 1971
124. Amendment of section 15 of Act of 1971
125. Review of matter and report by An Bord
126. Amendment of section 17 of Act of 1971
127. Academic council of college and its functions
128. Strategic development plan of College
129. Equality statement of College
130. Provisions relating to Director of College
Amendment of Housing Finance Agency Act 1981
131. Amendment of Housing Finance Agency Act 1981
Amendment of Student Support Act 2011 and related provisions
132. Awarding and payment of bursaries and scholarships to students
133. Amendment of section 2 of Act of 2011
134. Amendment of section 12 of Act of 2011
135. Amendment of section 28 of Act of 2011
136. Schedule 3 to Act of 2011
Amendment of Industrial Training Act 1967
137. Amendment of section 2 of Industrial Training Act 1967
138. Amendment of section 23(2) of Industrial Training Act 1967
Amendment of Social Welfare Consolidation Act 2005
139. Amendment of section 266 of Social Welfare Consolidation Act 2005
Amendment of National Treasury Management Agency (Amendment) Act 2014
140. Amendment of section 26(1) of National Treasury Management Agency (Amendment) Act 2014
Miscellaneous provisions
141. Names of designated institutions of higher education
142. Provision of assistance by An tÚdarás
143. Guidelines, codes and policies
145. Consequential amendments of enactments
Enactments Repealed
Enactments Revoked
Board of An tÚdarás
Superannuation
Consequential amendments of enactments
Acts Referred to
Charities Act 2009 (No. 6)
Child and Family Agency Act 2013 (No. 40)
Companies Act 1990 (No. 33)
Companies Act 2014 (No. 38)
Comptroller and Auditor General (Amendment) Act 1993 (No. 8)
Data Protection Act 2018 (No. 7)
Data Sharing and Governance Act 2019 (No. 5)
Dublin City University Act 1989 (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)
Gaeltacht Act 2012 (No. 34)
Higher Education Authority Act 1971 (No. 22)
Housing Finance Agency Act 1981 (No. 37)
Industrial Training Act 1967 (No. 5)
Institutes of Technology Acts 1992 to 2006
Local Government Act 2001 (No. 37)
National College of Art and Design Act 1971 (No. 28)
National Treasury Management Agency (Amendment) Act 2014 (No. 23)
Protected Disclosures Act 2014 (No. 14)
Public Service Pensions (Single Scheme and Other Provisions) Act 2012 (No. 37)
Qualifications and Quality Assurance (Education and Training) Act 2012 (No. 28)
Regional Technical Colleges (Amendment) Act 1994 (No. 29)
Regional Technical Colleges Act 1992 (No. 16)
Social Welfare Consolidation Act 2005 (No. 26)
Student Support Act 2011 (No. 4)
Technological Universities Act 2018 (No. 3)
The Trinity College, Dublin (Charters and Letters Patent Amendment) Act 2000 (No. 1) (Private)
Universities Act 1997 (No. 24)
University of Limerick Act 1989 (No. 14)
Number 31 of 2022
HIGHER EDUCATION AUTHORITY ACT 2022
REVISED
Updated to 1 August 2024
An Act to provide for changes to the functions and governance of An tÚdarás um Ard‑Oideachas and the oversight by it of higher education providers which are designated institutions of higher education under this Act; to provide for the preparation, review and amendment of a strategy for tertiary education; to provide for better engagement with students and equity of access to, and participation and the promotion of success in, higher education and lifelong and flexible learning; to provide for the designation of certain higher education providers as designated institutions of higher education and, if appropriate, the removal of such designation in certain circumstances; to amend the provisions regarding the composition of the governing authorities or governing bodies of certain designated institutions of higher education, including the Supplemental Letters Patent of 1911 in respect of Trinity College, Dublin; for those purposes, to repeal and replace the Higher Education Authority Act 1971 and to amend the Universities Act 1997, the Technological Universities Act 2018, the Regional Technical Colleges Act 1992, the Regional Technical Colleges (Amendment) Act 1994, the National College of Art and Design Act 1971, the Housing Finance Agency Act 1981, the Student Support Act 2011, the Industrial Training Act 1967, the Social Welfare Consolidation Act 2005, the Qualifications and Quality Assurance (Education and Training) Act 2012 and the National Treasury Management Agency (Amendment) Act 2014; and to provide for related matters.
[12th October, 2022]
Be it enacted by the Oireachtas as follows:
Annotations
Editorial Notes:
E1
References to "Science Foundation Ireland" construed as "Taighde Éireann" (1.08.2024) by Research and Innovation Act 2024 (15/2024), s. 61, S.I. No. 373 of 2024.