Higher Education Authority Act 2022

Review of compliance with conditions for designation

57. (1) An tÚdarás shall, as soon as practicable after the commencement of section 7 , establish procedures for the review by An tÚdarás of the activities of higher education providers in respect of which designation orders are in force for the purpose of ascertaining whether each of the continuing conditions for designation referred to in section 56 (1) is being complied with as respects such providers.

(2) An tÚdarás shall, in accordance with the procedures established under subsection (1), review the activities of a higher education provider in respect of which a designation order is in force for the purpose referred to in that subsection as respects that provider at the following times:

(a) from time to time at the request of the Minister;

(b) in the event of An tÚdarás being informed by that provider under section 56 (2) of a change in its circumstances or the occurrence of an event which could reasonably affect the capacity of that provider to comply, or to continue to comply, with the continuing conditions for designation;

(c) if An tÚdarás forms the view that a material change of circumstances or an event may have occurred which could reasonably affect the capacity of that provider to comply, or to continue to comply, with the continuing conditions for designation; or

(d) from time to time as An tÚdarás considers appropriate.

(3) Where a review under subsection (2) is being conducted, An tÚdarás may, by notice in writing, request the higher education provider concerned to provide to it such information, in relation to the activities of the higher education provider, as is specified in the notice and the higher education provider shall provide that information to An tÚdarás within such period as is specified in the notice.

(4) An tÚdarás shall prepare a report setting out the outcome of a review under subsection (2).

(5) An tÚdarás shall provide a copy of the report prepared under subsection (4) to the higher education provider concerned and the higher education provider may, within one month from the provision of the report to it, submit in writing any observations it has on the report to An tÚdarás.

(6) After consideration of any observations submitted to An tÚdarás under subsection (5), An tÚdarás may make any amendments to the report that An tÚdarás considers appropriate.

(7) An tÚdarás shall provide a copy of the final report to the higher education provider concerned and may publish the report (including the observations of that higher education provider) in such form and manner as it considers appropriate (including on the internet).