Qualifications (Education and Training) Act, 1999

Validation of programmes by Council.

15.—(1) Subject to subsections (2) and (3), a provider of a programme of education and training may apply to the Council for validation of that programme.

(2) (a) Subject to paragraphs (b) and (c) and subsection (3), recognised institutions, An Foras, CERT, Teagasc, An Bord Iascaigh Mhara, any educational or training institution established and maintained by a vocational education committee and any school providing post-primary education, shall apply under subsection (1) to the Council to have all programmes of further education and training which they provide, organise or procure validated by the Council, other than those programmes which are provided as a leisure or recreational activity and which are not intended to lead to an award under this Act.

(b) Paragraph (a) shall not apply to a programme of further education and training in respect of which a provider has authority delegated to it under section 19 to make an award.

(c) Where a recognised institution has entered into arrangements or made arrangements under section 5(1)(b) of the Act of 1992, subject to the agreement of the Council and the Authority, paragraph (a) shall not apply to a programme of further education and training provided by such recognised institution for such period, not exceeding five years from the commencement of this Part, as may be determined by the Council with the agreement of the Authority.

(3) Where a programme of further education and training is organised or procured, in whole or in part, by a provider (“the first mentioned provider”) and is provided, in whole or in part, by another provider (“the second mentioned provider”), the first mentioned provider shall consult with the second mentioned provider before making an application for validation under subsection (1) or (2).

(4) The Council may, on receipt of an application under subsection (1) or (2)

(a) subject to such conditions as it thinks fit, validate a programme of education and training where it is satisfied that the programme concerned meets the criteria determined by the Council under paragraph (a)(ii) of section 14 (1), or

(b) refuse validation.

(5) The conditions referred to in subsection (4)(a) shall include, but not necessarily be limited to, conditions requiring the provider concerned to—

(a) co-operate with and assist the Council, and the Authority where appropriate, in the performance of their functions,

(b) establish the procedures referred to in section 14 (1)(e),

(c) implement the procedures referred to in section 14 (2)(d), and

(d) provide such information as the Council may from time to time require for the purposes of the performance of the functions of the Council, including information in respect of completion rates.