Number 3of 2018

TECHNOLOGICAL UNIVERSITIES ACT 2018

CONTENTS

PART 1

Preliminary and General

Section

1. Short title and commencement

2. Interpretation

3. Orders

4. Expenses of Minister

5. Offences

6. Amendments and repeals consequent upon orders of Minister

PART 2

Technological University

Chapter 1

Definitions for Part 2

7. Definitions for Part 2

Chapter 2

Functions of technological university

8. Technological university

9. Functions of technological university

10. Academic freedom

Chapter 3

Governance of technological university

11. Governing body of technological university

12. Membership of governing body of technological university

Chapter 4

Staff of technological university

13. President of technological university

14. Staff of technological university

15. Superannuation of staff of technological university

Chapter 5

Academic council of technological university

16. Academic council of technological university

17. Functions of academic council

Chapter 6

Plans and Statements

18. Strategic development plan

19. Equality statement

Chapter 7

Finance, property and reporting

20. Budgets of technological university

21. Borrowing, guaranteeing and underwriting

22. Accounts of technological university

23. Annual report

24. Fees

25. Power to establish, or acquire, hold or dispose of shares in, companies

Chapter 8

Investigation and information

26. Investigator and report

27. Information requested by Minister

Chapter 9

Application to become technological university

28. Eligibility criteria

29. Application for order under section 36

30. Requirements on application under section 29

31. Advisory panel for purpose of application under section 29

32. Report of advisory panel to An tÚdarás

33. Report of An tÚdarás to Minister

34. Decision on application under section 29

35. Conditions for compliance with all eligibility criteria

Chapter 10

Establishment of a technological university

36. Order establishing technological university

37. Transfer of functions from applicant institutes to technological university

Chapter 11

Joint application of institute of technology and technological university

38. Application for order under section 43

39. Requirements on application under section 38

40. Advisory panel for purpose of application under section 38

41. Matters to which Minister shall have regard on application under section 38

42. Decision on application under section 38

43. Order dissolving applicant college

44. Transfer of functions from applicant college to technological university

PART 3

Appeals

45. Appeals board

46. Appeal

PART 4

Transitional and Consequential Provisions

Chapter 1

Definitions for Chapters 2 and 3 of Part 4

47. Definitions for Chapters 2 and 3 of Part 4

Chapter 2

General transitional provisions consequent upon order under Part 2

48. Transfer of land and other property to technological university

49. Transfer of rights and liabilities and continuation of leases, licences and permissions to technological university

50. Liability for loss occurring before appointed day

51. Provisions consequent upon transfer of functions, assets and liabilities to technological university

52. Final accounts and final report of dissolved body

53. Transfer of staff to technological university

54. Superannuation

Chapter 3

Arrangements consequent upon order under Part 2

55. Arrangements for first governing body following order under Part 2

56. First president following order under section 36

57. Arrangements for Director or president of a dissolved body following order under Part 2

58. Arrangements for certain governing bodies following order under section 43

59. Continuation of programmes of education and training following order under Part 2

60. Arrangements relating to international education mark following order under Part 2

61. Arrangements relating to quality assurance and access, transfer and progression procedures following order under Part 2

62. Arrangements for suspension or dismissal of staff following order under Part 2

63. Arrangements for academic council following order under Part 2

64. Arrangements for certain procedures where order under Part 2

PART 5

Amendment of Dublin Institute of Technology Act 1992, Dublin Institute of Technology (Amendment) Act 1994, Act of 1992, Regional Technical Colleges (Amendment) Act 1994 and Other Enactments

Chapter 1

Amendment of Dublin Institute of Technology Act 1992, Dublin Institute of Technology (Amendment) Act 1994 and other enactments

65. Amendment of section 2 of Dublin Institute of Technology Act 1992

66. Offences

67. Amendment of section 3 of Dublin Institute of Technology Act 1992

68. Governing Body

69. Amendment of section 7 of Dublin Institute of Technology Act 1992

70. Amendment of section 11 of Dublin Institute of Technology Act 1992

71. Amendment of section 12A of Dublin Institute of Technology Act 1992

72. Amendment of dismissal arrangements for certain staff of Dublin Institute of Technology

73. Amendment of section 14 of Dublin Institute of Technology Act 1992

74. Amendment of section 15 of Dublin Institute of Technology Act 1992

75. Investigator and report

76. Amendment of Second Schedule to Dublin Institute of Technology Act 1992

77. Amendment of Third Schedule to Dublin Institute of Technology Act 1992

78. Amendment of Dublin Institute of Technology (Amendment) Act 1994

79. Repeal of section 4 of Dublin Institute of Technology (Amendment) Act 1994

Chapter 2

Amendment of Act of 1992, Regional Technical Colleges (Amendment) Act 1994 and other enactments

80. Amendment of section 2 of Act of 1992

81. Offences

82. Governing bodies

83. Transitional arrangements consequent upon section 82

84. Amendment of section 7 of Act of 1992

85. Amendment of section 10 of Act of 1992

86. Amendment of section 11A of Act of 1992

87. Amendment of dismissal arrangements for certain staff of colleges

88. Amendment of section 13 of Act of 1992

89. Amendment of section 14 of Act of 1992

90. Investigator and report

91. Amendment of Second Schedule to Act of 1992

92. Amendment of Third Schedule to Act of 1992

93. Amendment of section 2 of Regional Technical Colleges (Amendment) Act 1994

94. Repeal of section 4 of Regional Technical Colleges (Amendment) Act 1994

PART 6

Amendment of Certain Enactments

95. Amendment of Higher Education Authority Act 1971

96. Amendment of Student Support Act 2011

97. Amendment of Qualifications and Quality Assurance (Education and Training) Act 2012

PART 7

Amendment of Certain Enactments to Provide for Investigation and Information

Chapter 1

Amendment of Act of 1940

98. Investigator and report

99. Information requested by Minister

Chapter 2

Amendment of Act of 1971

100. Investigator and report

101. Amendment of section 16 of Act of 1971

SCHEDULE 1

Governing Body of Technological University

SCHEDULE 2

President of Technological University

Acts Referred to

Adoptive Leave Acts 1995 and 2005

Carer’s Leave Act 2001 (No. 19)

Companies Act 2014 (No. 38)

Comptroller and Auditor General (Amendment) Act 1993 (No. 8)

Credit Institutions (Stabilisation) Act 2010 (No. 36)

Dublin Institute of Technology (Amendment) Act 1994 (No. 31)

Dublin Institute of Technology Act 1992 (No. 15)

Education and Training Boards Act 2013 (No. 11)

Ethics in Public Office Act 1995 (No. 22)

European Parliament Elections Act 1997 (No. 2)

Higher Education Authority Act 1971 (No. 22)

Institute for Advanced Studies Act 1940 (No. 13)

Local Government Act 2001 (No. 37)

Maternity Protection Acts 1994 and 2004

Minimum Notice and Terms of Employment Acts 1973 to 2005

National College of Art and Design Act 1971 (No. 28)

Organisation of Working Time Act 1997 (No. 20)

Parental Leave Acts 1998 and 2006

Protection of Employees (Fixed-Term Work) Act 2003 (No. 29)

Protection of Employees (Part-Time Work) Act 2001 (No. 45)

Public Service Pensions (Single Scheme and Other Provisions) Act 2012 (No. 37)

Qualifications and Quality Assurance (Education and Training) Act 2012 (No. 28)

Redundancy Payments Acts 1967 to 2014

Regional Technical Colleges (Amendment) Act 1994 (No. 29)

Regional Technical Colleges Act 1992 (No. 16)

Student Support Act 2011 (No. 4)

Terms of Employment (Information) Acts 1994 to 2012

Terms of Employment (Information) Acts 1994 to 2014

Unfair Dismissals Acts 1977 to 2015

Universities Act 1997 (No. 24)

Vocational Education (Amendment) Act 1944 (No. 9)

Vocational Education Act 1930 (No. 29)

Number 3of 2018

TECHNOLOGICAL UNIVERSITIES ACT 2018

An Act to provide for the establishment of technological universities; to provide for the functions and governance of technological universities; to provide for the dissolution, in certain circumstances, of institutes of technology and Dublin Institute of Technology and the transfer of their functions, assets, liabilities and staff to technological universities; to provide for the reform of the governing authorities, and investigation into the performance of functions, of institutes of technology and Dublin Institute of Technology; to provide for investigation into the performance of functions of the Institute for Advanced Studies and its Constituent Schools and the National College of Art and Design; to provide for the consequential amendment of certain enactments and to provide for related matters.

[19th March, 2018]

Be it enacted by the Oireachtas as follows: