37. (1) An tÚdarás may, in accordance with this Chapter, provide funding from moneys provided to An tÚdarás under section 19 to all or any of the following bodies or persons (in this Act referred to as “bodies seeking funding”) in such manner, and subject to such conditions, as may be determined by An tÚdarás:

(a) a designated institution of higher education;

(b) a higher education provider that is not a designated institution of higher education;

(c) a person who, or a body which, provides support services for higher education;

(d) any other education provider or body which, or any person who, provides services that are consistent with the functions of An tÚdarás,

and, if any such institution, provider, person or body seeking funding receives, or has received, funding from An tÚdarás, it shall in this Act be referred to as a “funded body”.

(2) An tÚdarás shall from time to time, with the approval of the Minister, prepare and establish a framework (in this Act referred to as a “funding framework”) for the allocation of funding to bodies seeking funding in a manner that is consistent with the objects and functions of An tÚdarás provided for in this Act and in accordance with any directions given to it by the Minister.

(3) An tÚdarás shall, for the purposes of preparing and establishing a funding framework, consult with bodies seeking funding or their representative bodies.

(4) A funding framework shall specify—

(a) the schemes and programmes in respect of which An tÚdarás shall allocate funding to bodies seeking funding, and

(b) the criteria, terms and conditions for the allocation of such funding to such bodies.

(5) A funding framework may—

(a) specify different criteria, terms and conditions for the allocation of funding in respect of different schemes and programmes specified therein,

(b) provide that specified schemes and programmes may be availed of only by—

(i) specified designated institutions of higher education,

(ii) specified higher education providers, or

(iii) specified bodies or persons other than institutions and providers referred to in subparagraph (i) or (ii),

(c) provide that specified schemes and programmes may be availed of on the basis of a competitive selection process,

(d) provide for a particular scheme or programme to address specific strategic policy priorities with identified policy outcomes,

(e) provide for the allocation of funding based on specified performance targets and outcomes,

(f) provide for a scheme or programme to increase participation of students in priority groups, and persons in those groups seeking to become students, in higher education, and

(g) provide that funding for a scheme or programme shall be allocated for a specified period.

(6) Nothing in this section shall be taken to mean that a designated institution of higher education, any other higher education provider or any other education provider, body or person shall be allocated funding by An tÚdarás in any financial year.

(7) In this section—

“services that are consistent with the functions of An tÚdarás” includes services relating to education, further education and training, apprenticeships, research, teaching or the promotion of learning;

“support services for higher education” means services provided by a person or body whose purpose or objects include the promotion, development or support of higher education and which the Minister, following consultation with An tÚdarás, specifies as a person or body to which subsection (1)(c) applies.