Higher Education Authority Act 2022

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Revocation of designation order

59. (1) Where—

(a) the Minister is satisfied that a higher education provider, in respect of which a designation order is in force, is not complying with the conditions for designation prescribed under section 55 , or

(b) a higher education provider in respect of which a designation order is in force applies under subsection (15) to have that order revoked,

the Minister may, in accordance with this section, make an order revoking the designation order in respect of the higher education provider (in this section referred to as a “revocation order”).

(2) Subject to subsections (3) to (10), if An tÚdarás is of opinion that a higher education provider, in respect of which a designation order is in force, is no longer complying with the conditions for designation prescribed under section 55 , An tÚdarás shall inform the Minister of that opinion, and the reasons for that opinion, with a view to a revocation order being made by the Minister in respect of that provider.

(3) An tÚdarás shall provide such further information as the Minister may request in respect of a higher education provider referred to in subsection (2).

(4) Where, following a review under section 57 , An tÚdarás considers that—

(a) directions issued by it under section 58 to a higher education provider in respect of which a designation order is in force have not been complied with, or

(b) whether or not such directions have been issued, there are serious deficiencies in the continued compliance by a higher education provider in respect of which a designation order is in force with the conditions for designation prescribed under section 55 ,

An tÚdarás shall consider in accordance with this section whether there are grounds for the making by the Minister of a revocation order in respect of that provider.

(5) An tÚdarás may, for the purpose of performing its functions under this section as respects a higher education provider in respect of which a designation order is in force—

(a) request by notice in writing to the provider such information as it may require, and

(b) may request from, use and rely on information provided by such bodies as An tÚdarás considers appropriate, including but not limited to the Qualifications and Quality Assurance Authority of Ireland, as respects the provider.

(6) A higher education provider shall comply with a notice from An tÚdarás under subsection (5)(a) requesting information from the provider within such period as may be specified in the notice.

(7) An tÚdarás may appoint an advisory panel, that may include national and international experts having a special interest in or expertise in, or knowledge of, matters relating to higher education, and may receive and have regard to advice given by that panel with respect to the higher education provider’s continued compliance with the conditions prescribed under section 55 for designation as a designated institution of higher education.

(8) Where An tÚdarás is of opinion that a higher education provider, in respect of which a designation order is in force, is not complying with the conditions prescribed under section 55 for designation, it shall, by notice in writing to the higher education provider, inform the provider that An tÚdarás proposes to seek to have a revocation order made by the Minister in respect of it and shall state the reasons for its opinion.

(9) A notice under subsection (8) shall state that the higher education provider concerned may make representations to An tÚdarás in relation to the reasons for the proposed revocation that are stated in the notice not later than 30 days after the service of the notice on the provider.

(10) Where, after consideration of the representations (if any) made to An tÚdarás in accordance with subsection (9), An tÚdarás decides, for the reasons stated in the notice under subsection (8), to proceed to seek the making by the Minister of a revocation order in respect of the higher education provider concerned, An tÚdarás shall inform the provider by notice in writing of that decision.

(11) Where the Minister is informed by An tÚdarás of its decision under subsection (10), the Minister may, having considered the information provided to him or her by An tÚdarás under this section (including the representations, if any, made under subsection (9)) and having consulted with An tÚdarás as respects the higher education provider concerned, decide to make or to refuse to make a revocation order in respect of that provider and, where the Minister decides to make such an order, the Minister shall, subject to subsection (13), make the order accordingly.

(12) Where the Minister decides under subsection (11) to make a revocation order in respect of a higher education provider, the Minister shall, by notice in writing, inform that provider of that decision as soon as may be after it is made and of the date the Minister proposes to specify in the revocation order as the date on which the order shall come into operation.

(13) Where the Minister makes a decision to make a revocation order in respect of a higher education provider under subsection (11) (other than a case to which subsection (1)(b) applies), the higher education provider may, in accordance with section 69 , appeal against that decision within the prescribed period after the service of the notice under subsection (12).

(14) Unless, within the foregoing period, an appeal in accordance with section 69 against the decision of the Minister referred to in subsection (11), the Minister shall make the revocation order in respect of the higher education provider concerned.

(15) (a) A higher education provider in respect of which a designation order is in force may apply to An tÚdarás to have a revocation order made in respect of it.

(b) An tÚdarás shall inform the Minister of an application under paragraph (a) and the Minister shall, by notice in writing, inform the provider of his or her intention to make a revocation order and of the date the Minister proposes to specify in the revocation order as the date on which the order shall come into operation.

(c) The Minister shall make a revocation order accordingly in respect of the higher education provider referred to in this subsection.