Education Act 1998

Establishment of bodies to provide services related to education.

54

54.(1) The Minister, with the concurrence of the Government, may from time to time by order (in this Act referred to as an “establishment order”) establish a body to perform, subject to subsection (2), functions in or in relation to the provision of support services.

(2) The performance of functions by a body established under subsection (1) shall be subject to the determination of matters of policy by the Minister.

(3) A body established under subsection (1) shall be known by such title as may be specified in the establishment order.

(4) A body so established shall be a body corporate with perpetual succession and a seal and with power to sue and be sued in its corporate name and to hold land.

(5) The Minister may from time to time by order amend an establishment order or an order made under this subsection.

F61[(6) The principal officer of a body established under subsection (1) shall be accountable to that body.]

(7) Before making an order under this section the Minister shall consult, as the Minister considers appropriate, with persons directly affected by the proposed order or with trade unions or associations representing such persons.

(8) Notwithstanding section 5, the Minister shall not make an order under this section unless he or she has first caused to be laid before each House of the Oireachtas a draft of the proposed order and a resolution approving of the draft has been passed by both Houses.

Annotations

Amendments:

F61

Substituted (2.06.2004) by Vocational Education (Amendment) Act 2001 (23/2001), s. 36(b), S.I. No. 918 of 2004.

Modifications (not altering text):

C6

Application of subs. (1) restricted (2.06.2021) by Education (Leaving Certificate 2021) (Accredited Grades) Act 2021 (8/2021), s. 6(1), S.I. No. 268 of 2021.

Functions conferred on Commission relating to system of accredited grades

6. (1) Notwithstanding section 54(1) of the Act of 1998 and the State Examinations Commission (Establishment) Order 2003 ( S.I. No. 373 of 2003 ), the Commission shall, subject to subsection (5), have the following functions in relation to the system of accredited grades:

(a) to receive, in accordance with such procedures as it may determine, in respect of each candidate concerned, an estimated mark for each subject concerned;

(b) to apply a process of standardisation to the estimated marks so received;

(c) following the completion of the process of standardisation, to determine an accredited grade in respect of each subject for which an estimated mark has been received;

(d) to issue the results comprised in the Leaving Certificate 2021 to each candidate;

(e) where a candidate has chosen, in respect of any subject, to receive an accredited grade and to participate in the Leaving Certificate Examination that is due to take place in 2021 and has sat the examination in that subject, to award to the candidate the accredited grade or the result achieved in that examination, whichever is more advantageous to that candidate;

(f) to provide to each candidate, on such date or dates as the Commission shall determine, for each subject concerned—

(i) the estimated mark received by the Commission in respect of such candidate, and

(ii) the mark, expressed as a percentage, generated following the completion of the process of standardisation;

(g) to consider appeals referred to in section 2 (3), in accordance with such procedures as it may determine under paragraph (m);

(h) to consider appeals referred to in section 2 (4), in accordance with such procedures as it may determine under paragraph (n);

(i) to receive information in relation to communications as provided for by section 4;

(j) to withhold from a candidate, under section 4 or 5, as the case may be, in accordance with such procedures as may be prescribed, all or any of the accredited grades comprised in the Leaving Certificate 2021;

(k) to implement a system of appeals against a determination to withhold all or any of the accredited grades as referred to in paragraph (j), in accordance with such procedures as may be prescribed;

(l) to appoint a panel of suitable persons to consider appeals referred to in paragraph (m)(viii) or (n)(vii) (in this section referred to as “appeals officers”), on such terms and conditions as the Commission may determine, which may include, but are not limited to, the period for which they may be appointed, the payment of fees and expenses (with the consent of the Minister and the Minster for Public Expenditure and Reform), resignation and removal for stated reasons;

(m) to determine the procedure for an appeal referred to in section 2 (3), which may include, but is not limited to, the following:

(i) the period within which an appeal shall be made;

(ii) the form and manner in which an appeal shall be made;

(iii) the information to be provided by a candidate for the purposes of the appeal, including the reasons for the appeal;

(iv) the form and manner in which the Commission shall carry out a review of the decision not to provide an estimated mark for a subject and the processes and procedures followed in making that decision;

(v) the period within which the Commission shall determine the review;

(vi) the form and manner in which, and the period within which, a candidate shall be notified of the determination referred to in subparagraph (v), including where the decision not to provide an estimated mark is upheld, the reasons for that determination;

(vii) the form and manner in which, and the period within which, a candidate may appeal against the determination of the Commission referred to in subparagraph (v);

(viii) the appointment of appeals officers;

(ix) the conduct of appeals;

(x) the provision to the appeals officers of such access to information, records and documentation held by the Commission as may reasonably be required by the appeals officers for the purposes of an appeal;

(xi) the form and manner in which, and the period within which, a candidate shall be notified of the determination of the appeals officers, including where the determination of the Commission is upheld, the reasons for that determination;

(n) to determine the procedure for an appeal referred to in section 2 (4), which may include, but is not limited to, the following:

(i) the period within which an appeal shall be made;

(ii) the form and manner in which an appeal shall be made;

(iii) the form and manner in which the Commission shall carry out a review referred to in section 2 (4);

(iv) the period within which the Commission shall determine the review;

(v) the form and manner in which, and the period within which, a candidate shall be notified of the determination referred to in subparagraph (iv);

(vi) the form and manner in which, and the period within which, a candidate may appeal against the determination of the Commission referred to in subparagraph (iv);

(vii) the appointment of an appeals officer;

(viii) the conduct of appeals;

(ix) the provision to the appeals officer of such access to information, records and documentation held by the Commission as may reasonably be required by the appeals officer for the purposes of an appeal;

(x) the form and manner in which, and the period within which, a candidate shall be notified of the determination of the appeals officer, including where the determination of the Commission is upheld, the reasons for that determination.

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Editorial Notes:

E41

Power pursuant to section exercised (11.07.2017) by Educational Research Centre (Establishment) (Amendment) Order 2017 (S.I. No. 309 of 2017).

E42

Power pursuant to section exercised (9.09.2015) by Educational Research Centre (Establishment) Order 2015 (S.I. No. 392 of 2015), in effect as per art. 5.

E43

Power pursuant to section exercised (6.03.2003) by State Examinations Commission (Establishment) Order 2003 (S.I. No. 373 of 2003), in effect as per art. 4.

E44

Previous affecting provision: power pursuant to section exercised (24.12.2003) by National Council for Special Education (Establishment) Order 2003 (S.I. No. 270 of 2004), in effect as per art. 5; Council established under Order dissolved (1.10.2005) by Education for Persons with Special Educational Needs Act 2004 (30/2004), s. 45(1), S.I. No. 636 of 2005.