Education (Miscellaneous Provisions) Act 2015

Authorisation to describe education provider as university

2. (1) Subject to subsection (2), an education provider authorised by or under an enactment to make awards to at least doctoral degree level in the State, where those awards are recognised at that level within the National Framework of Qualifications, may apply to the Minister for authorisation (in this Act referred to as a “university authorisation”) to describe the provider as a university outside the State for specified purposes.

(2) Subsection (1) shall not apply to an education provider which has delegated authority to make an award in accordance with section 53 of the Qualifications and Quality Assurance (Education and Training) Act 2012 .

(3) The specified purposes are—

(a) marketing—

(i) programmes of education and training provided by the authorised provider, or

(ii) research services of the authorised provider,

or

(b) to enter into an arrangement with any person outside the State for the purposes of participating in a collaborative project relating to—

(i) the provision of a programme of education and training where the programme is provided in whole or in part by the authorised provider, or

(ii) research services of the authorised provider.

(4) An education provider which is granted a university authorisation under this section shall not describe itself, or cause itself to be described, as a university otherwise than—

(a) outside the State, and

(b) for a specified purpose.

(5) The Minister shall, following consultation with an tÚdarás, within 3 months of receipt of an application from an education provider under subsection (1) , determine that application by—

(a) subject to subsection (6) , granting the university authorisation to the provider (in this Act referred to as an “authorised provider”) where that provider satisfies the requirements for authorisation specified in subsection (8), or

(b) refusing to grant the university authorisation to the provider where that provider does not satisfy the requirements for authorisation specified in subsection (8).

(6) The Minister may, at the time of granting a university authorisation to an education provider, by notice in writing to that provider, impose such conditions (if any) as he or she considers appropriate in relation to the use by that provider of that university authorisation.

(7) An education provider shall comply with conditions imposed under subsection (6).

(8) The requirements for authorisation referred to in subsection (5) are—

(a) that the Minister is satisfied that the education provider is authorised by or under an enactment to make awards to at least doctoral degree level in the State and that those awards are recognised at that level within the National Framework of Qualifications, and

(b) that at least 40 per cent of the total number of students in programmes of education and training provided by that education provider in the State are—

(i) from outside the Member States, and

(ii) lawfully in the State primarily to receive education and training.

(9) Where the Minister refuses to grant a university authorisation to an education provider under subsection (5)(b), the Minister shall inform the provider by notice in writing of his or her refusal and state the reasons for that refusal.

(10) An education provider may appeal against—

(a) the imposition of one or more conditions imposed under subsection (6), or

(b) a refusal to grant university authorisation to the provider under subsection (5)(b),

within 30 days of the service of the notice under subsection (6) or subsection (9) as the case may be.

(11) An appeal under subsection (10) 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.

(12) Subject to subsection (13), the Minister may apply to the High Court for an injunction to restrain an education provider—

(a) which does not have a university authorisation under this section, or

(b) from which a university authorisation has been withdrawn under section 4 ,

from describing itself, or causing itself to be described, as a university for any purpose.

(13) Subsection (12) shall not apply in respect of an education provider—

(a) referred to in any of paragraphs (a) to (e) of subsection (1) of section 4 of the Act of 1997, or

(b) which in accordance with section 52(1) of the Act of 1997—

(i) is established and described as a university before the 30th July 1996, or

(ii) has obtained the approval of the Minister under that section.

(14) In this section, “student”, in relation to an education provider, means a person registered as a student by the education provider.