78. The Act of 1997 is amended by the insertion of the following Chapter after Chapter III of Part III:

“Chapter IIIA

Transitional arrangements for membership and chairperson of governing authority

Transitional arrangements for membership and chairperson of governing authority

23A. (1) A governing authority of a university shall, as soon as practicable after the relevant date and with the approval of the Minister, determine the arrangements and procedures to be put in place by it to ensure that the composition of the governing authority of the university complies with section 16 (inserted by section 73 of the Act of 2022) or, as may be appropriate, section 16A (inserted by section 74 of the Act of 2022) within the period referred to in subsection (2).

(2) Subject to subsections (3) to (5), a governing authority of a university shall, within 12 months of the relevant date—

(a) determine the composition of the governing authority of its university in accordance with the arrangements and procedures put in place by it under subsection (1),

(b) appoint the members (other than the chief officer) of the governing authority accordingly, and

(c) by notice in writing, inform the Minister of the composition as so determined.

(3) (a) Notwithstanding section 17 (inserted by section 75 of the Act of 2022), a person (other than the chief officer) who was the chairperson of a governing authority of a university upon the commencement of section 75 of the Act of 2022 may continue after that commencement to be the chairperson of the governing authority of that university until his or her membership of the governing authority ceases, provided that he or she is an external member.

(b) For the purposes of paragraph (a), a term served by a person referred to in that paragraph as a member of the governing authority, but not as chairperson thereof, before the commencement referred to in that paragraph shall be disregarded for the purposes of paragraph 4(1)(b) of the Third Schedule.

(4) A person (other than the chief officer) who was appointed as a member (including the chairperson) of the governing authority before the relevant date and who is re-appointed as such member pursuant to subsection (2)(b)—

(a) shall be so re-appointed for a term of office of no longer than the unexpired term for which he or she was so appointed, and

(b) the term of office served by the member (including the chairperson) immediately before the relevant date and the term of office for which he or she is re-appointed under paragraph (a) shall be regarded as one term of office for the purposes of paragraph 4(1)(b) of the Third Schedule.

(5) Notwithstanding paragraphs 4 and 5 of the Third Schedule, where the term of office of all or the majority of the members (including the chairperson) of a governing authority of a university expires by the effluxion of time during the period referred to in subsection (2), the Minister may, at the request of the governing authority of the university and if the members concerned so agree, extend the term of office of those members for such period (that is not longer than the period referred to in subsection (2)) as the Minister may determine to facilitate that governing authority to comply with that subsection.

(6) In this section—

‘Act of 2022’ means the Higher Education Authority Act 2022;

‘relevant date’ means the date on which section 73 of the Act of 2022 comes into operation.”.