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Qualifications and Quality Assurance (Education and Training) Act 2012

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Number 28 of 2012

QUALIFICATIONS AND QUALITY ASSURANCE (EDUCATION AND TRAINING) ACT 2012

ARRANGEMENT OF SECTIONS

Preliminary and General

Section

1. Short title and commencement.

2. Interpretation.

3. Regulations.

6. Repeals and revocation.

Qualifications and Quality Assurance Authority of Ireland

7. Establishment day.

8. Establishment of Qualifications and Quality Assurance Authority of Ireland.

9. Functions of Authority.

10. Reviews by Authority.

11. Review of Authority by Minister.

12. Grants to Authority.

13. Co-operation with Authority.

14. Directions of Authority as to provision of information.

15. Chief executive.

16. Functions of chief executive.

17. Delegation of functions of chief executive.

18. Accountability of chief executive to Public Accounts Committee.

19. Accountability of chief executive to other Oireachtas Committees.

21. Transfer of staff of dissolved body to Authority.

22. Superannuation.

24. Strategy statement.

25. Annual Report.

26. Gifts to Authority.

Quality Assurance

27. Quality assurance.

28. Obligation of providers to prepare quality assurance procedures.

29. Quality assurance procedures and previously established universities.

30. Quality assurance procedures and relevant providers, other than previously established universities.

31. Refusal by Authority to approve proposed quality assurance procedures.

32. Quality assurance procedures and designated awarding bodies.

33. Quality assurance procedures and linked providers.

34. Review by Authority of quality assurance procedures of relevant providers.

35. Directions of Authority following review of quality assurance procedures.

36. Withdrawal by Authority of approval of quality assurance procedures.

37. Review by designated awarding bodies of quality assurance procedures of linked providers.

38. Directions of designated awarding body following review of quality assurance procedures.

39. Withdrawal by designated awarding body of approval of quality assurance procedures.

40. Review by Authority of procedures of National University of Ireland.

41. Directions of Authority to National University of Ireland following review.

42. Quality reviews by Authority.

Standards and Awards

43. Framework of qualifications.

44. Application for validation of programme of education and training.

45. Determination of application for validation of programme of education and training.

46. Review of programme validation.

47. Withdrawal of programme validation.

48. Arrangement between providers and awarding bodies other than the Authority.

49. Authority to determine standards of knowledge, skill or competence for awards.

50. Making of an award.

51. Joint awarding arrangement.

52. Request by provider for delegation of authority to make award.

53. Determination of request for delegation of authority to make award.

54. Review by Authority of delegated authority to make award.

55. Withdrawal or variation by Authority of delegated authority to make award.

56. Procedures for access, transfer and progression in relation to learners.

57. Review by Authority of implementation of procedures for access, transfer and progression.

58. Directions of Authority following review of procedures for access, transfer and progression.

59. Withdrawal by Authority of approval of access, transfer and progression procedures.

Code of Practice and International Education Mark

60. Code of Practice for provision of programme to international learners.

61. International education mark.

62. Annual charge for use of international education mark.

63. Review by Authority of provider’s compliance with code of practice and provider’s use of international education mark.

Protection of Enrolled Learners

64. Interpretation.

65. Arrangements by providers for protection of enrolled learners.

66. Assistance from Authority to enrolled learners to find alternative programme.

67. Obligation on providers to furnish information to enrolled learners.

Appeals

68. Appeals Panel.

69. Determination of appeal by Appeals Board.

70. Appeal procedures.

Dissolution of Bodies

71. Dissolution of National Qualifications Authority of Ireland, Higher Education and Training Awards Council and Further Education and Training Awards Council.

72. Liability for loss occurring before establishment day.

73. Transfer of land and other property to Authority.

74. Transfer of rights and liabilities, and continuation of leases, licences and permissions granted by dissolved body.

75. Provisions consequent upon transfer of assets and liabilities to Authority.

76. Records of dissolved bodies.

77. Final accounts and final report of dissolved bodies.

Miscellaneous Provisions

78. Register of providers.

81. Provider not to be described as “institute of technology” or “regional technical college”.

82. Charter of Institute of Technology.

83. Service of documents.

Transitional and Savings Provisions for Act of 1999 and Amendments of other Acts

84. Transitional and savings provision for Act of 1999.

85. Transition for appeals under Act of 1999.

86. Amendments of other Acts.

Qualifications and Quality Assurance Authority of Ireland

Acts Repealed

Statutory Instrument Revoked

Amendments of other Acts

Acts Referred to

Adoptive Leave Acts 1995 and 2005
Building Control Act 2007	2007, No. 21
Carer’s Leave Act 2001	2001, No. 19
Companies Act 1990	1990, No. 33
Companies Acts
Comptroller and Auditor General (Amendment) Act 1993	1993, No. 8
Education Act 1998	1998, No. 51
Ethics in Public Office Act 1995	1995, No. 22
European Parliament Elections Act 1997	1997, No. 2
Finance Act 2001	2001, No. 7
Freedom of Information Act 1997	1997, No. 13
Higher Education Authority Act 1971	1971, No. 22
Institutes of Technology Act 2006	2006, No. 25
Institutes of Technology Acts 1992 to 2006
Irish Universities Act 1908	(8 Edw. 7.) c. 38
Labour Services Act 1987	1987, No. 15
Maternity Protection Acts 1994 and 2004
Minimum Notice and Terms of Employment Acts 1973 to 2005
Organisation of Working Time Act 1997	1997, No. 20
Parental Leave Acts 1998 and 2006
Petty Sessions (Ireland) Act 1851	14 & 15 Vic., c. 93
Protection of Employees (Fixed-Term) Work Act 2003	2003, No. 29
Protection of Employees (Part-Time Work) Act 2001	2001, No. 45
Qualifications (Education and Training) Act 1999	1999, No. 26
Redundancy Payments Acts 1967 to 2007
Regional Technical Colleges Act 1992	1992, No. 16
Taxes Consolidation Act 1997	1997, No. 39
Teaching Council Act 2001	2001, No. 8
Terms of Employment (Information) Acts 1994 and 2001
The Royal College of Surgeons in Ireland (Charters Amendment) Act 2003	2003, No. 1 (Private)
Unfair Dismissals Acts 1977 to 2007
Universities Act 1997	1997, No. 24
Vocational Education Act 1930	1930, No. 29

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Number 28 of 2012

QUALIFICATIONS AND QUALITY ASSURANCE (EDUCATION AND TRAINING) ACT 2012

AN ACT TO PROVIDE FOR THE ESTABLISHMENT OF A BODY KNOWN IN THE IRISH LANGUAGE AS ÚDARÁS NA hÉIREANN UM CHÁILÍOCHTAÍ AGUS DEARBHÚ CÁILÍOCHTA OR IN THE ENGLISH LANGUAGE THE QUALIFICATIONS AND QUALITY ASSURANCE AUTHORITY OF IRELAND; TO DEFINE ITS FUNCTIONS; TO PROVIDE FOR THE DISSOLUTION OF THE NATIONAL QUALIFICATIONS AUTHORITY OF IRELAND, THE HIGHER EDUCATION AND TRAINING AWARDS COUNCIL AND THE FURTHER EDUCATION AND TRAINING AWARDS COUNCIL; TO REPEAL THE QUALIFICATIONS (EDUCATION AND TRAINING) ACT 1999; TO AMEND THE HIGHER EDUCATION AUTHORITY ACT 1971, THE REGIONAL TECHNICAL COLLEGES ACT 1992, THE FREEDOM OF INFORMATION ACT 1997, THE UNIVERSITIES ACT 1997 AND CERTAIN OTHER ACTS; AND TO PROVIDE FOR MATTERS CONNECTED THEREWITH.

[22nd July, 2012]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS: