97. The Act of 2018 is amended by the insertion in Part 2 of the following Chapter after Chapter 11:

“Chapter 12

Joint application of higher education provider and technological university

Application for order under section 44F

44A. (1) One, and only one, higher education provider (in this Chapter referred to as an ‘applicant higher education provider’) and a technological university (in this Chapter referred to as an ‘applicant technological university’) may jointly apply to the Minister for an order under section 44F.

(2) The Minister shall not consider more than one application under this section by a particular technological university at any one time.

(3) An application under this section may relate to a part only of the business and operation of an applicant higher education provider that is specified in the application.

(4) An application under this section shall be in writing in such form, including electronic form, as may be directed by the Minister.

Requirements on application under section 44A

44B. An application under section 44A shall include information—

(a) demonstrating the capability of the applicant higher education provider and applicant technological university to jointly perform the functions of a technological university,

(b) demonstrating that plans and arrangements are in place for managing academic, financial and administrative matters arising on the making of an order under section 44F, and

(c) to enable the Minster and advisory panel to consider the matters referred to in section 44D.

Advisory panel for purposes of application under section 44A

44C. (1) The Minister, within 30 days of the receipt of an application under section 44A, shall forward the application to An tÚdarás with a direction in writing to appoint an advisory panel under subsection (2).

(2) Within 60 days of the receipt of a direction under subsection (1), An tÚdarás shall appoint a panel of at least 3 persons having a special interest or expertise in, or knowledge of, matters relating to higher education, at least one of whom shall have expertise, at an international level, in standards and practice in higher education (in this Chapter referred to as an ‘advisory panel’), to assess the application under section 44A.

(3) Within 120 days of being appointed, the advisory panel, having assessed the application under section 44A, and having had regard to the matters referred to in section 44D, shall furnish a report to the Minister and An tÚdarás with a recommendation whether to make an order under section 44F.

(4) For the purposes of its assessment and report under this section, the advisory panel may consult with the applicant higher education provider, the applicant technological university, An tÚdarás, the Qualifications and Quality Assurance Authority of Ireland, and any other person or body it considers appropriate.

Matters to which Minister shall have regard on application under section 44A

44D. (1) The Minister shall, for the purposes of subsection (2), have regard to such of the following matters as respects the applicant higher education provider as the Minister considers appropriate:

(a) whether the applicant higher education provider has been established and is operated for the principal purposes of higher education, training and research;

(b) the number of programmes of education and training provided by the applicant higher education provider which lead to education awards that are included within the Framework;

(c) whether the applicant higher education provider has a good track record in relation to performance in the field of education and has provided programmes referred to in paragraph (b) in the State for such period before the application under section 44A as the Minister considers appropriate in order to demonstrate that performance;

(d) whether the level of qualifications of the academic staff of the applicant higher education provider are at a sufficiently high level to provide the programmes of education and training which it provides;

(e) whether the applicant higher education provider has integrated, coherent and effective governance structures in place concerning academic, administrative, financial and management matters;

(f) whether the applicant higher education provider—

(i) has, under section 28 of the Act of 2012, established procedures in writing for quality assurance in relation to which the Qualifications and Quality Assurance Authority of Ireland—

(I) has approved those procedures under the Act of 2012,

(II) has not proposed by notice under section 36(1) of that Act to withdraw that approval, and

(III) has not withdrawn that approval under section 36 of that Act,

or

(ii) if the applicant higher education provider is a linked provider within the meaning of the Act of 2012, has, under section 28 of that Act, established procedures in writing for quality assurance in relation to which a relevant designated awarding body within the meaning of that Act—

(I) has approved those procedures under the Act of 2012,

(II) has not proposed by notice under section 39(1) of that Act to withdraw that approval, and

(III) has not withdrawn that approval under section 39 of that Act;

(g) whether the applicant higher education provider is financially viable and has sufficient financial resources available, should an order be made under section 44F, to meet any projected costs arising as a result of the application under section 44A and to continue to provide education for such period as may be specified in that application;

(h) the outcome of the due diligence processes undertaken in relation to the applicant higher education provider for the purposes of the application under section 44A to assess the appropriateness of an order being made under section 44F;

(i) the arrangements proposed for the business and operation or, as the case may be, a part of the business and operation of the applicant higher education provider to become and form part of the applicant technological university;

(j) such other matters as may be determined by the Minister in consultation with An tÚdarás.

(2) In deciding whether to make an order under section 44F, the Minister shall, in addition to the matters to which he or she had regard under subsection (1), have regard to the following matters:

(a) if the needs of students, business, enterprise, the professions, the community, local interests and other related stakeholders in the region in which the campuses of the applicant higher education provider and applicant technological university are located would be more efficiently and effectively served if the order were made;

(b) if the projected demand, based on demographic trends, for higher education in the region in which the campuses of the applicant higher education provider and applicant technological university are located, would justify the making of the order;

(c) if sufficient financial resources are available to the applicant higher education provider and applicant technological university to meet the projected costs arising on the making of the order;

(d) if the applicant higher education provider and the applicant technological university would together be financially viable if the order were made;

(e) if making the order would comply with such policies of the Government as relate to higher education.

(3) In this section, ‘level’, in relation to qualifications, means included at the level concerned within the Framework.

Decision on application under section 44A

44E. (1) Within 60 days of receiving the report under section 44C(3), the Minister, having considered the application and information under sections 44A and 44B and the report and recommendation under section 44C, and having had regard to the matters referred to in section 44D, and consulted with An tÚdarás, shall, by notice in writing, inform the applicant higher education provider and applicant technological university of his or her proposed decision and shall in the notice provide reasons for the proposed decision.

(2) A notice under subsection (1) shall state that the applicant higher education provider and applicant technological university may make representations to the Minister in relation to the proposed decision not later than 30 days after service of the notice.

(3) The Minister shall consider any representations made under subsection (2) before deciding to—

(a) make an order under section 44F, or

(b) refuse to make an order under section 44F.

(4) The Minister shall give notice in writing to the applicant higher education provider and applicant technological university of a decision under subsection (3) as soon as practicable after it is made, which shall, in relation to a decision under subsection (3)(b)—

(a) include reasons for the decision,

(b) inform the applicant higher education provider and applicant technological university that—

(i) they may jointly, under Part 3, appeal the decision within 30 days of the date of the notice, and

(ii) the notice of appeal shall specify the grounds for the appeal,

and

(c) inform the applicant higher education provider and applicant technological university that the decision shall be suspended until—

(i) the decision becomes final under subsection (5), or

(ii) subject to subsection (6), the disposal of an appeal under Part 3.

(5) If, on the expiration of the period of 30 days beginning on the date of the notice under subsection (4), no appeal under Part 3 is made, the decision of the Minister under subsection (3)(b) is final.

(6) If, following an appeal of a decision under subsection (3)(b), the appeals board orders the Minister under section 46(5)(b) to reconsider the decision, that decision is suspended until it has been reconsidered by the Minister.

Order for business and operation of higher education provider or part thereof to become and form part of technological university

44F. (1) The Minister, following a decision under section 44E(3)(a), shall by order appoint a day (in this Chapter referred to as the ‘appointed day’) for the purposes of subsection (2).

(2) On the appointed day, the business and operation of the applicant higher education provider shall become and form part of the applicant technological university or, if the application under section 44A for an order under this section relates to a part only of that business and operation, that part of the business and operation of the applicant higher education provider shall become and form part of the applicant technological university on that day.

(3) An order under this section may contain such incidental, supplementary and consequential provisions as appear to the Minister to be necessary or expedient for the purposes of the order.

(4) The applicant higher education provider shall arrange with the applicant technological university for the transfer, with effect from the appointed day, of its business and operation or that part of its business and operation, as the case may be, to the applicant technological university consequent upon the making of an order under this section.

(5) Other than in cases where a part only of the business and operation of an applicant higher education provider is the subject of an order under this section, references in any enactment (other than this Act) to the applicant higher education provider specified in an order under this section shall, on and after the appointed day, be construed as references to the applicant technological university which jointly applied, with that applicant higher education provider, for an order under this section.”.