Education (Miscellaneous Provisions) Act 2015
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Withdrawal of authorisation | ||
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4. (1) An tÚdarás may at any time review an authorised provider to ensure that the provider— | ||
(a) complies with a direction given under section 3 (5), | ||
(b) continues to meet the requirements for authorisation specified in section 2 (8). | ||
(2) An tÚdarás may, by notice in writing, request information from an authorised provider in relation to any of the matters specified in subsection (1) and the provider shall provide the information requested by an tÚdarás within such time period as an tÚdarás shall specify in the notice. | ||
(3) Where following a review under subsection (1), or upon consideration of information received from an authorised provider under subsection (2), an tÚdarás considers that an authorised provider— | ||
(a) has failed to comply with a direction given under section 3 (5), or | ||
(b) has ceased to meet any of the requirements for authorisation specified in section 2 (8), | ||
it shall inform the Minister by notice in writing of its opinion and the reasons for its opinion. | ||
(4) Subject to subsections (5), (6) and (7), where in relation to an authorised provider— | ||
(a) the Minister receives a notice from an tÚdarás under subsection (3), or | ||
(b) it otherwise comes to the notice of the Minister that the provider— | ||
(i) has failed to comply with a direction given under section 3 (5) or | ||
(ii) has ceased to meet any of the requirements for authorisation specified in section 2 (8), | ||
the Minister may, following consultation with an tÚdarás, withdraw a university authorisation from that provider. | ||
(5) Where the Minister proposes to withdraw a university authorisation under subsection (4) he or she shall, by notice in writing to the authorised provider concerned, inform the provider that he or she proposes to withdraw that authorisation and state the reasons for the proposed withdrawal. | ||
(6) A notice under subsection (5) shall state that the authorised provider may make representations in writing to the Minister in relation to the reasons for the proposed withdrawal set out in the notice not later than one month after the service of the notice on the provider. | ||
(7) Where, after consideration of representations (if any) made to the Minister in accordance with subsection (6), the Minister considers for the reasons stated in the notice that university authorisation should be withdrawn, the Minister shall withdraw that authorisation by notice in writing to the provider concerned from such date as he or she considers appropriate and as is specified in the notice which date shall not be earlier than the end of the period within which an appeal may be brought under subsection (8). | ||
(8) Where the Minister withdraws a university authorisation under subsection (7) the education provider concerned may appeal against that decision within 30 days of the service of the notice under that subsection. | ||
(9) An appeal under subsection (8) shall be made by notice in writing to the Minister who shall, on receipt of that appeal, cause an Appeals Board to be appointed in accordance with section 5 to determine that appeal. | ||
(10) The withdrawal of authorisation under subsection (7) shall take effect— | ||
(a) where no appeal is made under subsection (8), on the date specified in the notice under subsection (7), or | ||
(b) where an appeal is made under subsection (8), on the date specified by the Appeals Board under section 5 (14). |