Higher Education Authority Act 2022

17

Administrative co-operation with other bodies

17. (1) An tÚdarás shall, in so far as it is consistent with the proper performance of its functions, endeavour to secure administrative co-operation between An tÚdarás and other bodies to which this section applies and, for that purpose, may enter into one or more than one agreement or arrangement (whether in the form of a memorandum of understanding or otherwise) from time to time with one or more of those bodies for the purposes of—

(a) facilitating administrative co-operation between An tÚdarás and those bodies in the performance of their respective functions in so far as they relate to the operation and governance of designated institutions of higher education,

(b) ensuring, as far as practicable, consistency between decisions made or measures taken by An tÚdarás and those bodies in so far as any part of those decisions or measures consists of, or relates to, a determination of any matter concerning the operation and governance of designated institutions of higher education, or

(c) avoiding duplication of activities by An tÚdarás and a body to which this section applies.

(2) The parties to an agreement or arrangement under this section may vary the terms of the agreement or arrangement.

(3) An agreement or arrangement under this section, or any variation of such an agreement or arrangement, shall be in writing.

(4) An agreement or arrangement under this section shall not operate to bind An tÚdarás or a body to which this section applies.

(5) An tÚdarás shall provide the Minister and any relevant Minister in relation to a body to which this section applies with a copy of each agreement or arrangement under this section and any variation thereof.

(6) (a) An agreement or arrangement under this section shall not operate to require An tÚdarás to provide information to any other body to which this section applies if the disclosure of that information by An tÚdarás is not permitted by this Act or is prohibited by law.

(b) An agreement or arrangement under this section shall not operate to require a body to which this section applies to provide information to An tÚdarás if the disclosure of that information by that body is not permitted by this Act or is prohibited by law.

(7) In this section—

(a) “relevant Minister”, in relation to a body to which this section applies, means any Minister of the Government who performs functions in relation to the body;

(b) a reference to a body to which this section applies means—

(i) the Qualifications and Quality Assurance Authority of Ireland,

(ii) An tSeirbhís,

(iii) F3[Taighde Éireann,]

(iv) a body established by or under an enactment in which functions are vested by statute or otherwise relating to purposes connected with the provision of higher education by designated institutions of higher education and that is prescribed by order of the Minister for the purposes of this section.

(8) The Minister may, by order, prescribe a body referred to in subsection (7)(b)(iv) for the purposes of this section.

Annotations

Amendments:

F3

Substituted (1.08.2024) by Research and Innovation Act 2024 (15/2024), s. 69(b), S.I. No. 373 of 2024.