Qualifications and Quality Assurance (Education and Training) Act 2012


80.— (1) The Authority may, with the consent of the Minister and the Minister for Public Expenditure and Reform, determine the fees payable by a provider or a learner, as the case may be, to the Authority for—

(a) the submission of quality assurance procedures to the Authority for approval under section 30 ,

(b) a review undertaken under section 34 ,

(c) the assistance of the Authority in carrying out a review at the request of a designated awarding body under section 37 (3),

(d) a review under section 40 ,

(e) an application for validation of a programme or class of programme of education and training under section 44 ,

(f) a review under section 46 ,

(g) the making of an award by the Authority under section 50 ,

(h) an application under section 52 (3),

(i) a request for delegation of authority to make an award under section 52 ,

(j) a review under section 54 ,

(k) the submission of procedures for access, transfer and progression in relation to learners for approval under section 56 ,

(l) a review under section 57 ,

(m) an application for authorisation to use the international education mark under section 61 ,

(n) a review under section 63 ,

(o) lodging an appeal under section 69 .

(2) The fees determined under subsection (1) shall be paid in the time and manner specified by the Authority.

(3) The Authority may, in relation to different applications, requests, submissions and reviews, or different classes of applications, requests, submissions and reviews, provide for—

(a) different fees,

(b) exemptions from the payment of fees in specified circumstances, and

(c) waivers, remissions or refunds (wholly or partly) of fees in specified circumstances.

(4) The Authority may, in providing for different fees, exemptions, waivers, remissions or refunds referred to in subsection (3), have regard to the amount and complexity of the work involved in considering the applications, requests, submissions and conducting reviews, taking into account the size of the provider concerned.

(5) The Authority may provide for the payment of reduced fees under this section having regard to the method of payment of the fees.

(6) The Authority shall arrange for the publication on the internet of fees payable as soon as practicable after the fees have been determined under subsection (1).

(7) The Authority may recover any amount due and owing to it under this section from the provider or learner, as the case may be, by whom it is payable as a simple contract debt in any court of competent jurisdiction.

(8) The Authority may amend the fees determined under subsection (1) to take account of any change in the consumer price index since the determination of the fees for the time being in force, without the necessity for the consent of the Minister or the Minister for Public Expenditure and Reform under subsection (1).

(9) For the purposes of this section, “change in the consumer price index” means the difference between—

(a) the All Items Consumer Price Index Number last published by the Central Statistics Office before the date of the last determination under this section, and

(b) that Number last published before the date of the amendment under subsection (8),

expressed as a percentage of the first-mentioned number.