Higher Education Authority Act 2022
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Remedial and other measures | ||
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66. (1) The Chief Executive Officer may impose on a designated institution of higher education a requirement to take a remedial or other measure or measures in accordance with this section if he or she makes a determination to do so under section 65 (3)(a). | ||
(2) The Chief Executive Officer shall inform the designated institution of higher education concerned by notice in writing of the type of remedial or other measure or measures required to be taken by the institution under this section and the period for which that measure or those remedial measures is or are to be taken. | ||
(3) Subject to subsection (4), the remedial or other measures that the Chief Executive Officer may impose on a designated institution of higher education under this section may comprise any one or more of the following: | ||
(a) an admonishment or censure in writing of the institution, taking into account any professional regulatory requirements or obligations that may be thereby impacted; | ||
(b) the requirement for members of the governing body of the institution or members of its staff to undertake a course of training on matters related to governance; | ||
(c) the requirement for a plan to be put in place by the institution providing for the rectification or resolution of an issue of concern to the Chief Executive Officer with specified targets to be met and monitoring requirements to ensure the implementation of the plan; | ||
(d) the review of the strategic development plan of the institution; | ||
(e) the temporary exclusion of the institution from particular categories of funding payable by An tÚdarás; | ||
(f) the application to the institution of revised conditions of funding; | ||
(g) the controlled release of funding by An tÚdarás to the institution; | ||
(h) the withholding by An tÚdarás of funding due to be paid to the institution; | ||
(i) the refund by the institution of funding paid by An tÚdarás to it. | ||
(4) The approval of the Board shall be required before a remedial or other measure referred to in paragraph (a), (b) or (d) of subsection (3) may be imposed on a designated institution of higher education. | ||
(5) The Chief Executive Officer shall, upon the expiry of the period specified under subsection (2) for the taking by the designated institution of higher education concerned of a remedial or other measure or measures, review the matter concerned related to that institution and may, following such review— | ||
(a) determine that no further remedial or other measure or measures under this section is or are required to be taken by the institution, | ||
(b) extend for such period as he or she considers appropriate and is specified in writing the requirement under this section for a remedial or other measure or measures to be taken by the institution, | ||
(c) provide for the payment to the institution of funding that is withheld by An tÚdarás under subsection (3)(h), or | ||
(d) determine that a different type of remedial or other measure or measures ought to be taken by the institution under subsection (3). |