Technological Universtities Act 2018

2

Interpretation

2. In this Act—

“academic council” means, in relation to a technological university, the academic council under section 16;

“Act of 1940” means the Institute for Advanced Studies Act 1940;

“Act of 1971” means the National College of Art and Design Act 1971;

“Act of 1992” means the Regional Technical Colleges Act 1992;

“Act of 2003” means the Protection of Employees (Fixed-Term Work) Act 2003;

“Act of 2012” means the Qualifications and Quality Assurance (Education and Training) Act 2012;

“An tÚdarás” means An tÚdarás um Ard-Oideachas;

“applicant college” has the meaning assigned to it by section 38;

F1[applicant higher education provider has the meaning assigned to it by section 44A;]

“applicant institutes” has the meaning assigned to it by section 29;

F2[applicant technological university

(a) in Chapter 11 of Part 2, has the meaning assigned to it by section 38,

(b) in Chapter 12 of Part 2, has the meaning assigned to it by section 44A, and

(c) in any other provision of this Act, means a technological university to which paragraph (a) or (b) applies;];

F1["business and operation", in relation to a higher education provider, includes—

(a) the programmes of education and training, and the programmes of research, provided by it,

(b) any land and any rights, powers and privileges related to or connected with such land owned by it or to which it is entitled,

(c) any property (other than land), including choses-in-action, owned by it or to which it is entitled,

(d) any liabilities incurred by it or other commitments entered into by it, including liabilities with regard to superannuation benefits in respect of members of its staff,

(e) the members of its staff,

(f) its body of students, and

(g) the records and data held by it;]

“Director”, other than in the definition of “statutory body”, means, in relation to a college within the meaning of the Act of 1992, a person appointed under section 9 of that Act;

“education and training board” means an education and training board established under the Education and Training Boards Act 2013;

“education and training board area” has the meaning assigned to it by the Education and Training Boards Act 2013;

“enactment” means—

(a) an Act of the Oireachtas,

(b) a statute that was in force in Saorstát Éireann immediately before the date of the coming into operation of the Constitution and that continues in force by virtue of Article 50 of the Constitution, or

(c) an instrument made under an Act of the Oireachtas or a statute referred to in paragraph (b);

“Framework” means the National Framework of Qualifications kept and maintained by the Qualifications and Quality Assurance Authority of Ireland in accordance with section 43 of the Act of 2012;

“graduate” means a person on whom there has been conferred or who has been granted or given an educational award on successful completion of a programme of education and training at an institute or a technological university;

“governing body” means, as the case may be—

(a) in so far as it relates to a technological university, the governing body established under Chapter 3 of Part 2,

(b) in so far as it relates to the Dublin Institute of Technology, the Governing Body established under section 6 of the Dublin Institute of Technology Act 1992, or

(c) in so far as it relates to a college within the meaning of section 2 of the Act of 1992, a governing body established under section 6 of the Act of 1992;

F1["higher education provider" means a person or institution which provides at least one programme of education and training leading to the award of a degree or other qualification which is at least at bachelor degree level and is included within the Framework;]

“institute” means—

(a) the Dublin Institute of Technology, or

(b) a college within the meaning of section 2 of the Act of 1992;

“local authority” means a local authority for the purposes of the Local Government Act 2001;

“Minister” means Minister for Education and Skills;

“pensionable public servant” shall be construed in accordance with Part 2 of the Public Service Pensions (Single Scheme and Other Provisions) Act 2012;

“president” means—

(a) in relation to a technological university, the president appointed under section 13, or, as the case may be, section 56, and

(b) in relation to the Dublin Institute of Technology, the President appointed under section 9 of the Dublin Institute of Technology Act 1992;

“programme of education and training” has the meaning assigned to it by section 2 of the Act of 2012;

“regulations of a technological university” has the meaning assigned to it by paragraph 12 of Schedule 1;

“statutory body” means—

(a) a Minister of the Government,

(b) a local authority,

(c) a board, authority or other body established by or under an enactment other than the Companies Act 2014 or an existing company within the meaning of that Act, or

(d) a company formed and registered under the Companies Act 2014, or an existing company within the meaning of that Act, in which all of the shares are held by or on behalf of or jointly with—

(i) any Minister of the Government,

(ii) directors appointed by any Minister of the Government, or

(iii) a board, authority or other body referred to in paragraph (c),

and whose functions are conferred by or under an enactment;

“strategic development plan” has the meaning assigned to it by section 18;

“student”, in relation to an institute or technological university, means—

(a) a person registered as a student by the institute or technological university, or

(b) a full-time officer of the student union who was first elected to his or her office while he or she was registered as a student by the institute or technological university;

“student union”, in relation to an institute or technological university, means the student union or other student representative body recognised by the institute or technological university;

“technological university” means a technological university established by virtue of an order under section 36.

Annotations:

Amendments:

F1

Inserted (12.10.2022) by Higher Education Authority Act 2022 (31/2022), s. 85(b), commenced on enactment.

F2

Substituted (12.10.2022) by Higher Education Authority Act 2022 (31/2022), s. 85(a), commenced on enactment.

Modifications (not altering text):

C2

Functions transferred and references construed (21.10.2020) by Further and Higher Education, Research, Innovation and Science (Transfer of Departmental Administration and Ministerial Functions) Order 2020 (S.I. No. 451 of 2020), arts. 2, 3(1)(a), (2) and sch. part 1, in effect as per art. 1(2), subject to transitional provisions in arts. 4-8.

2. (1) The administration and business in connection with the exercise, performance or execution of any functions transferred by this Order are transferred to the Department of Further and Higher Education, Research, Innovation and Science.

(2) References to the Department of Education and Skills contained in any Act or any instrument made under such Act and relating to any administration and business transferred by paragraph (1) shall, from the commencement of this Order, be construed as references to the Department of Further and Higher Education, Research, Innovation and Science.

3. (1) The functions vested in the Minister for Education and Skills -

(a) by or under the Acts specified in Part 1 of the Schedule, and

(b) ...

are transferred to the Minister for Further and Higher Education, Research, Innovation and Science.

(2) References to the Minister for Education and Skills contained in any Act or instrument made under such Act and relating to any functions transferred by paragraph (1) shall, from the commencement of this Order, be construed as references to the Minister for Further and Higher Education, Research, Innovation and Science.

...

SCHEDULE

Article 3

Part 1

...

Technological Universities Act 2018 (No. 3 of 2018)

...