46. (1) An tÚdarás shall prepare and submit to the Minister for approval a draft strategic action plan (in this section referred to as a “draft plan”) providing for equity of access to, and participation and the promotion of success in, higher education as soon as practicable and, in any event, not later than one year after the commencement of section 7, unless directed otherwise by the Minister.

(2) An tÚdarás shall, in the preparation of the draft plan have regard to—

(a) any policy directions given by the Minister,

(b) the likely cost of implementing the proposals contained in any such plan, and

(c) the availability of resources.

(3) An tÚdarás shall, for the purpose of preparing a draft plan, in addition to consulting with the Minister, consult with—

(a) the Minister for Education and such other Ministers of the Government as it considers appropriate,

(b) An tSeirbhís,

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

(d) designated institutions of higher education or their representative bodies,

(e) the members of the staff of designated institutions of higher education or the trades unions or staff associations of those members of staff,

(f) representatives of students,

(g) members of the public, in such manner as it considers appropriate,

(h) such other bodies representing students in priority groups, and persons in those groups seeking to become students, in higher education as it considers appropriate, and

(i) such other body or person as it considers appropriate.

(4) A draft plan may specify—

(a) the categories of students, and persons seeking to become students, in higher education in priority groups,

(b) the ambition for enabling equity of access to, participation and the promotion of success in the higher education system,

(c) the goals, objectives, actions, targets and performance indicators for improving equity of access to, participation and the promotion of success in the higher education system by students in priority groups, and persons in those groups seeking to become students, in higher education,

(d) the body or person responsible for the implementation of any action,

(e) methods of evaluation, stakeholder engagement and progress measurement, and

(f) any policy directions given by the Minister.

(5) The Minister shall, as soon as practicable after the submission to him or her of a draft plan—

(a) approve the draft plan with or without modifications (in this section referred to as the “approved plan”), or

(b) refuse to approve the draft plan and give a direction to An tÚdarás to prepare a new draft plan in accordance with subsections (1) to (4).

(6) The approved plan shall be for such period as the Minister considers appropriate, being a period of not more than 7 years, and the Minister may decide to extend the duration of an approved plan following consultation with An tÚdarás.

(7) An tÚdarás shall publish the approved plan as soon as practicable after its approval by the Minister in such manner as An tÚdarás considers appropriate.

(8) An tÚdarás shall prepare each subsequent draft plan not later than 3 months after the expiration of the previous approved plan.

(9) A designated institution of higher education shall have regard to the approved plan for the purposes of the preparation of its strategic development plan and its equality statement.

(10) A designated institution of higher education shall report annually, whether in its annual report or otherwise, to An tÚdarás on the implementation of the approved plan with regard to that institution, providing particulars of the goals, objectives, targets and performance indicators met and actions taken with regard to the implementation of the plan.

(11) An tÚdarás shall, from time to time whenever requested to do so by the Minister, prepare and furnish to the Minister progress reports on the approved plan which—

(a) shall include information on the implementation of the approved plan in the higher education system, and

(b) may include information on the implementation of the approved plan in individual designated institutions of higher education.

(12) An tÚdarás shall review an approved plan on not less than one occasion during the period to which the plan relates or, on the written direction of the Minister, and shall, for the purposes of the review, consult with the Minister and such other persons as An tÚdarás considers appropriate.

(13) An tÚdarás shall inform the Minister of the outcome of a review under subsection (12) and may, arising from the review, make recommendations for amendments to the approved plan.

(14) A designated institution of higher education shall, upon request, provide An tÚdarás with such information and assistance as may reasonably be required for the purposes of the review carried out in accordance with subsection (12).

(15) The Minister may, as soon as practicable after the submission to him or her of the outcome of a review of the approved plan under subsection (13) amend the approved plan in accordance with the recommendations made by An tÚdarás with or without modifications.

(16) An tÚdarás shall publish, in such manner as it considers appropriate, an amended approved plan referred to in subsection (15) as soon as practicable after its amendment by the Minister.