Higher Education Authority Act 2022

Appointment of reviewer of designated institution of higher education

68. (1) The Chief Executive Officer, with the approval of the Board, may appoint a person (in this section referred to as a “reviewer”) to carry out a review in accordance with this section into any matter specified in writing by An tÚdarás concerning a designated institution of higher education if he or she makes a determination to do so under section 65 (3)(c).

(2) The Chief Executive Officer shall inform the governing body of the designated institution of higher education concerned by notice in writing of the appointment of a reviewer under subsection (1) and the matter to be reviewed.

(3) The members of the governing body, and the employees, of the designated institution of higher education concerned shall comply with a request from a reviewer to provide him or her with such information and assistance as the reviewer may reasonably require for the purposes of the review.

(4) As soon as practicable after the review, a reviewer shall prepare a draft of the report on the review that he or she proposes to furnish to An tÚdarás (in this section referred to as the “draft report”).

(5) A reviewer shall furnish the draft report to An tÚdarás and the governing body of the designated institution of higher education concerned and may furnish the draft report, or a part of the draft report, to any other person he or she considers necessary and shall give notice in writing to An tÚdarás, the governing body and that other person, that they may make representations to the reviewer concerning the draft report or, as the case may be, a part of the draft report, not later than 28 days after it is furnished to them.

(6) As soon as practicable after the expiration of the later of the periods of 28 days referred to in subsection (5) and having considered any representations made pursuant to that subsection, the reviewer may amend the draft report and shall furnish the final report on the review to An tÚdarás (in this section referred to as the “final report”).

(7) An tÚdarás shall furnish the final report to the Minister.

(8) An tÚdarás may publish the final report in such form and manner as it considers appropriate.

(9) An tÚdarás shall consider the final report and, following that consideration, the Chief Executive Officer may make a determination in accordance with section 65 (3) as respects the designated institution of higher education concerned.