No. 30/1980:

NATIONAL INSTITUTE FOR HIGHER EDUCATION, DUBLIN, ACT, 1980

ARRANGEMENT OF SECTIONS

1 Interpretation.

2 Establishment of Institute,.

3 Membership of Institute.

4 Functions of Institute.

5 Governing Body.

6 Functions of Governing Body.

7 The Director.

8 The Academic Council.

9 Officers and servants.

10 Transferred off.

11 Superannuation.

12 Report and information and Minister.

13 Grants.

14 Accounts and audits.

15 Fees.

16 Expenses.

17 Short title and commencement.

FIRST SCHEDULE

SECOND SCHEDULE

AN ACT TO ESTABLISH AN INSTITUTE OF HIGHER EDUCATION TO BE KNOWN IN THE IRISH LANGUAGE AS AN FORAS NÁISIÚNTA UM ARD-OIDEACHAS, BAILE ÁTHA CLIATH, AND IN THE ENGLISH LANGUAGE AS THE NATIONAL INSTITUTE FOR HIGHER EDUCATION, DUBLIN, TO DEFINE ITS FUNCTIONS AND TO PROVIDE FOR OTHER MATTERS CONNECTED WITH THE FOREGOING.

[3rd December, 1980]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

1.—(1) In this Act—

"the Academic Council" has the meaning assigned to it by section 8 of this Act;

"certificate level course" means a course of study leading to the award of a certificate by the National Council for Educational Awards;

"chairman" means the chairman of the Governing Body;

"degree level course" means a course of study leading to the award of a degree by the National Council for Educational Awards;

"deputy-chairman" means the deputy-chairman of the Governing Body;

"diploma level course" means a course of study leading to the award of a diploma by the National Council for Educational Awards;

"Director" has the meaning assigned to it by section 7 of this Act;

"functions" includes powers and duties;

"the Governing Body" means the Governing Body of the Institute;

"the Institute" means the National Institute for Higher Education, Dublin, established pursuant to section 2 of this Act;

"the Minister" means the Minister for Education;

"An tÚdarás" means An tÚdarás um Ard-Oideachas.

(2) A reference in this Act to the performance of functions includes a reference to the exercise of powers and the performance of duties.

2.—(1) There shall, by virtue of this section, be established an institute of higher education within the meaning of the Higher Education Authority Act, 1971 , to be known as An Foras Náisiúnta um Ard-Oideachas, Baile Átha Cliath, and, in the English language, as the National Institute for Higher Education, Dublin, to perform the functions assigned to it by this Act.

(2) The Institute shall be a body corporate with perpetual succession and power to sue and be sued in its corporate name and to acquire, hold and dispose of land.

3.—(1) Every person who is—

( a ) a member of the Governing Body,

( b ) a member of the Academic Council,

( c ) a member of the staff of the Institute,

( d ) a registered student of the Institute, or

( e ) a graduate of the Institute,

shall be a member of the Institute.

(2) Subject to subsection (3) of this section, a person shall not be a member of the Institute unless at the time he is a member, he is qualified for membership pursuant to subsection (1) of this section.

(3) Notwithstanding the provisions of subsection (2) of this section, the Governing Body may, from time to time, confer membership of the Institute on a person who is not qualified for membership pursuant to subsection (1) of this section, and any such person shall be a member of the Institute until the Governing Body otherwise declare.

4.—(1) The functions of the Institute shall be—

( a ) to provide degree level courses, diploma level courses and certificate level courses and, subject to such conditions as the Minister may prescribe, such other courses, including post graduate courses, as may seem appropriate to the Governing Body;

( b ) to engage in research in such fields as the Governing Body may deem appropriate;

( c ) subject to the approval of the Minister, after consultation with an tÚdarás—

(i) to buy, and acquire lands or buildings,

(ii) to institute and, if thought fit, to award scholarships, prizes and other awards;

( d ) subject to such conditions as the Minister may prescribe, to maintain, manage, administer and invest all the money and assets of the Institute;

( e ) to accept from donors gifts of land or other property upon such trusts and conditions, if any, as may be specified by the donors: provided that nothing in any trust or condition is contrary to the provisions of this Act;

( f ) subject to such conditions as the Minister may prescribe, to do all such acts and things as may be necessary to further the objects and development of the Institute.

( 2 ) ( a ) The Minister may, with the concurrence of the Minister for Finance, by order assign to the Institute such additional functions as he thinks fit,

( b ) Whenever an order is proposed to be made under this subsection, a draft of the proposed order shall be laid before each House of the Oireachtas and the order shall not be made until a resolution approving of the draft has been passed by both Houses of the Oireachtas.

(3) The Minister may by order revoke or amend an order under this section including an order under this subsection.

5.—(1) There shall be a Governing Body of the Institute which, save as otherwise provided by this Act, shall perform all the functions conferred on the Institute by this Act.

(2) The members of the Governing Body shall be a chairman, the Director and 23 ordinary members.

(3) The first members of the Governing Body of the Institute shall be appointed by the Government, on the recommendation of the Minister, and shall hold office for the period of one year from the date of their appointment.

(4) After the expiration of the term of office of the first members of the Governing Body, the 23 ordinary members of that Governing Body shall be appointed by the Government, on the recommendation of the Minister, in the following manner:

( a ) nine of those members shall be so appointed on the recommendation of the Minister in accordance with the provisions of subsection (5) of this section;

( b ) three of those members shall be so appointed who shall be members of the academic staff of the Institute who shall be chosen by the academic staff in accordance with regulations made by the Governing Body;

( c ) one of those members shall be so appointed who is a member of the non-academic staff of the Institute chosen in accordance with regulations made by the Governing Body;

( d ) two of those members shall be so appointed who are fulltime students of the Institute chosen in accordance with regulations made by the Governing Body;

( e ) three of those members shall be so appointed on the recommendation of the Minister from members of the teaching staffs of the Colleges of Technology managed by the City of Dublin Vocational Education Committee;

( f ) two of those members shall be so appointed on the recommendation of the Minister from members of the teaching staff of Regional Technical Colleges;

( g ) two of those members shall be so appointed on the recommendation of the Minister from members of the Management Boards of Regional Technical Colleges; and

( h ) one of those members shall be so appointed on the recommendation of the Governing Body of the National Institute for Higher Education, Limerick.

(5) Before making any recommendation for appointment to the Governing Body of the Institute pursuant to subsection (4) ( a ) of this section, the Minister shall have regard to the extent to which industry, agriculture, fisheries, commerce, the professions, the staff of the Institute or the staff of any college or body referred to in the said subsection (4) should be represented on the Governing Body.

( 6 ) ( a ) If a member of the Governing Body dies, retires or is otherwise removed from office pursuant to this Act before the expiration of his term of office, the vacancy so caused shall be filled—

(i) if such person was appointed on the recommendation of the Minister, by the appointment by the Government of a person recommended by the Minister, or

(ii) if such person was appointed pursuant to paragraphs (b), ( c ), (d), (e), or (h) of subsection (4) of this section, by the appointment by the Government of a person qualified in accordance with those paragraphs.

( b ) A person appointed to the Governing Body pursuant to paragraph (a)of this subsection shall, unless he sooner dies, resigns or becomes disqualified from holding office, hold office for the remainder of the period for which the member of the Governing Body occasioning the vacancy, if he had continued to be such a member, would have held office.

(7) The provisions of the First Schedule to this Act shall apply to the Governing Body.

6.—(1) Save as otherwise provided in this Act, the Governing Body shall manage and control all the affairs and property of the Institute and shall perform all the functions conferred on the Institute by this Act, and shall have all such powers as may be necessary under this Act for that purpose.

(2) The Governing Body may from time to time appoint such and so many committees as it thinks proper to assist it in such manner as the Governing Body shall direct and the Governing Body may assign to any committee so appointed such duties as it thinks fit.

(3) The acts of a committee established under this section shall be subject to confirmation by the Governing Body unless the Governing Body dispenses with the necessity for such confirmation.

7.—(1) The Governing Body shall, with the approval of the Minister, from time to time appoint in a whole-time capacity a person to be the chief officer of the Institute and such officer is in this Act referred to as "the Director".

(2) The provisions of the Second Schedule to this Act shall apply to the Director.

8.—(1) The Governing Body shall appoint a body of persons which shall be known as and is in this Act referred to as "the Academic Council" to assist the Governing Body in the planning, co-ordination, development and overseeing of the educational work of the Institute.

(2) The Governing Body may by regulations made under this section provide for the membership and terms of office of the Academic Council established pursuant to subsection (1) of this section.

(3) Without prejudice to the generality of subsection (1) of this section, the Academic Council shall have the following particular functions, that is to say—

( a ) to design, develop and implement appropriate programmes of study,

( b ) to make recommendations to the Governing Body for the establishment of appropriate structures to implement the programmes of study referred to in paragraph (a)of this subsection,

( c ) to make recommendations to the Governing Body on programmes for the development of research,

( d ) to make recommendations to the Governing Body for the selection, admission, retention and exclusion of students generally,

( e ) to make, subject to the approval of the Governing Body and to implement the academic regulations of the Institute to propose to the Governing Body the form of regulations to be made by the Governing Body for the conduct of examinations, and for the evaluation of academic progress,

( g ) to make recommendations to the Governing Body for the award of fellowships, scholarships, bursaries, prizes or other awards,

( h ) to make general arrangements for tutorial or other academic counselling,

( i ) to exercise any other functions, in accordance with the provisions of this Act, which may be delegated to it by the Governing Body, and

( j ) to implement any regulations which may be made by the Governing Body concerning any of the matters aforesaid.

(4) The Academic Council, with the approval of the Governing Body, may—

( a ) establish such and so many committees, consisting either wholly or partly of persons who are not members of the Institute, as it thinks proper to assist the Academic Council in the performance of its functions under this Act, and

( b ) determine, subject to the provisions of this Act, the functions of any committee established under paragraph (a) of this subsection.

(5) The acts of a committee established under subsection (4) (a) of this section shall be subject to confirmation by the Governing Body unless the Governing Body dispenses with the necessity for such confirmation.

(6) Subject to the provisions of this Act and to the directions of the Governing Body, the Academic Council may regulate its own procedure.

9.—(1) The Institute may appoint such and so many persons to be its officers (in addition to the Director) and servants as, subject to the approval of the Minister given with the concurrence of the Minister for Finance, it from time to time thinks proper.

(2) An officer (including the Director) or servant of the Institute shall hold his office or employment on such terms and conditions as the Institute, subject to the approval of the Minister given with the concurrence of the Minister for the Public Service, may from time to time determine.

(3) The Institute shall not remove or suspend any of its officers (including the Director) from office without the consent of the Minister.

(4) The Institute may perform such of its functions as it may deem proper through or by any of its officers or servants duly authorised by the Institute in that behalf.

(5) There shall be paid by the Institute to its officers (including the Director) and servants such remuneration and allowances as it, subject to the approval of the Minister given with the concurrence of the Minister for the Public Service, may from time to time determine.

10.—(1) Every person including the Director who, immediately before the commencement of this Act, is employed whole-time by the body known as the National Institute for Higher Education, Dublin, shall, on such commencement, be transferred to and become an officer or servant, as may be appropriate, of the Institute, and all persons so transferred shall, for so long as they remain in the employment of the Institute, be members of the transferred staff of the Institute and are in this Act referred to as "the Institute's transferred staff".

( 2 ) ( a ) Subject to subsection (4) of this section, a member of the Institute's transferred staff shall not, while in the employment of the Institute, receive less remuneration or be subject to less beneficial conditions of service than the remuneration approved by the Minister with the concurrence of the Minister for the Public Service to which he was entitled and the conditions of service approved by the Minister to which he was subject by virtue of such membership in the service from which he was transferred by virtue of this section.

( b ) The conditions of service, restrictions, requirements and obligations to which a member of the Institute's transferred staff was subject by virtue of such membership immediately before his transfer to the service of the Institute shall, unless they are varied by agreement, continue to apply to him and may be exercised or imposed by the Institute or the Director, as may be appropriate, while he is in the service of the Institute.

(3) A member of the Institute's transferred staff shall not, while in the service of the Institute, be subject to less favourable conditions in relation to the grant of superannuation allowances (whether by way of lump-sum, pension or gratuity or of compensation for loss of office) than the conditions approved by the Minister with the concurrence of the Minister for the Public Service which applied to him by virtue of such membership immediately before his transfer by virtue of this section to the Institute.

( 4 ) ( a ) The Institute may, following consultation with any recognised staff associations or trade unions concerned, redistribute or rearrange the duties to be performed by members of the Institute's transferred staff who are employed in a particular grade or class of employment and every such member shall be bound to perform the duties allocated to him in any such redistribution or rearrangement.

( b ) A redistribution or rearrangement referred to in paragraph (a) of this subsection shall not be taken to be removal from or abolition of office for the purpose of any scheme or enactment relating to superannuation or compensation for loss of office.

11.—(1) As soon as may be after the passing of this Act, the Institute shall, subject to the provisions of section 10 (3) of this Act, prepare and submit to the Minister a scheme or schemes for the granting of pensions, gratuities and other allowances on retirement or death to or in respect of such of its staff (including the Director) as the Institute shall think fit.

(2) Every such scheme shall fix the time and conditions of retirement for all persons to or in respect of whom pensions, gratuities or allowances are payable under the scheme and different times and conditions may be fixed in respect of different classes of persons.

(3) The Institute may at any time prepare and submit to the Minister a scheme amending scheme previously submitted and approved of under this section.

(4) A scheme or amending scheme submitted to the Minister under this section shall, if approved of by the Minister with the concurrence of the Minister for the Public Service, be carried out by the Institute in accordance with its terms.

(5) If any dispute arises as to the claim of any person to, or the amount of, any pension, gratuity or allowance payable in pursuance of a scheme under this section, such dispute shall be submitted to the Minister for determination by him subject to the agreement of the Minister for the Public Service.

(6) No pension, gratuity, allowance or other payment shall be granted by the Institute to or in respect of a member of its staff (including the Director) except under and in accordance with a scheme under this section, nor shall any agreement be entered into by the Institute without the approval of the Minister, given with the concurrence of the Minister for the Public Service, for the provision otherwise than by the Institute of a pension, gratuity, allowance or other payment on the resignation, retirement or death of a member of its staff.

(7) The Minister shall cause every scheme submitted and approved of under this section to be laid before each House of the Oireachtas as soon as may be after it is approved of and if either House, within the next twenty-one days on which that House has sat after the scheme is laid before it, passes a resolution annulling the scheme, the scheme shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.

12.—(1) The Governing Body shall, as soon as may be after the end of each academic year, prepare and submit to the Minister a report of its proceedings during that year.

(2) The Governing Body shall supply the Minister with such information regarding the performance of its functions as he may from time to time require.

13.—In each year there shall, in accordance with section 12 (2) of the Higher Education Authority Act, 1971 , be paid by An tÚdarás to the Institute, out of the moneys received by An tÚdarás under section 12 (1) of the said Act, a grant or grants of such amount or amounts as An tÚdarás thinks fit.

14.—(1) The Institute shall keep, in such form as may be approved of by the Minister with the concurrence of the Minister for Finance, all proper and usual accounts of all moneys received or expenditure incurred by it and, in particular, shall keep in such form as aforesaid such special accounts as the Minister may from time to time direct.

(2) Accounts kept in pursuance of this section shall be submitted annually by the Institute to the Comptroller and Auditor General for audit on a date not later than the thirtieth day of April in the year following the year to which the accounts relate and, immediately after the audit, a copy of the accounts and of such other accounts, if any, as the Minister has directed to be kept, together with a copy of the report of the Comptroller and Auditor General on the accounts shall be presented by the Institute to the Minister.

(3) The Minister shall cause copies of the accounts presented to him under this section by the Institute, together with copies of the report of the Comptroller and Auditor General thereon, to be laid before each House of the Oireachtas.

15.—The Institute may charge fees or admission charges of such amounts as may from time to time be determined by the Governing Body with the approval of the Minister for courses, lectures, examinations, exhibitions or any other event held at or by the Institute.

16.—The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.

17.—(1) This Act may be cited as the National Institute for Higher Education, Dublin, Act, 1980 .

(2) This Act shall come into operation on such day as the Minister may by order appoint.

Section 5.

FIRST SCHEDULE

THE GOVERNING BODY

1. (1) As soon as may be after the commencement of this Act, the Governing Body shall provide and retain in its possession a seal of the Institute.

(2) The seal of the Institute shall be authenticated by the signature of the chairman or a member of the Governing Body authorised by the Governing Body to act in that behalf and by the signature of an officer of the Institute authorised to act in that behalf.

(3) Judicial notice shall be taken of the seal of the Institute and every document purporting to be an instrument made by the Institute and to be sealed with the seal (purporting to be authenticated in accordance with this Schedule) of the Institute shall be received in evidence and shall be deemed to be such instrument without proof unless the contrary is shown.

2. (1) The chairman of the Governing Body shall be appointed by the Government on the recommendation of the Minister and may be removed from office by the Government on the recommendation of the Minister.

(2) The chairman of the Governing Body may, at any time, resign his office as chairman by letter addressed to the Minister and the resignation shall take effect from the date on which the letter is received.

(3) Subject to the provisions of this Act, the chairman of the Governing Body shall hold office as chairman upon such terms as the Government may, at the date of his appointment, decide.

(4) The chairman of the Governing Body shall cease to hold office on attaining the age of seventy years.

3. (1) Every ordinary member of the Governing Body shall be appointed by the Government on the recommendation of the Minister and may be removed from office by the Government on the recommendation of the Minister.

(2) An ordinary member of the Governing Body may, at any time, resign his office as such member by letter addressed to the Minister and the resignation shall take effect from the date on which the letter is received.

(3) An ordinary member of the Governing Body shall cease to hold office on attaining the age of seventy years.

(4) An ordinary member of the Governing Body whose term of office expires by effluxion of time shall be eligible for re-appointment.

4. (1) A member of the Governing Body (including the chairman but excluding an ordinary member who is a registered student of the Institute) shall hold office for a period not exceeding five years.

(2) An ordinary member of the Governing Body who is a student shall hold office for the period of one year.

5. (1) The Governing Body shall, from time to time as occasion requires, appoint from amongst its members (other than the chairman or the Director) a member to be deputy-chairman thereof.

(2) The deputy-chairman of the Governing Body shall, unless he sooner resigns the office of deputy-chairman or ceases to be deputy chairman under subparagraph (3) of this paragraph, hold office until the expiration of his period of office as a member of the Governing Body.

(3) Where the deputy-chairman of the Governing Body ceases during his term of office as such to be a member of the Governing Body, he shall also then cease to be deputy-chairman of the Governing Body.

6. ( a ) Where a member of the Governing Body—

(i) is nominated as a member of Seanad Éireann or for election to either House of the Oireachtas, or is nominated for election to, or is appointed to be a representative in, the Assembly of the European Communities,

(ii) is adjudged bankrupt or makes under the protection or procedure of a court, a composition or arrangement with his creditors, or

(iii) is sentenced to a term of imprisonment by a court of competent jurisdiction,

he shall thereupon cease to be a member of the Governing Body.

( b ) A person shall not be eligible to be a member of the Governing Body if—

(i) he is, for the time being entitled under the Standing Orders of either House of the Oireachtas to sit therein,

(ii) he is for the time being a representative in the Assembly of the European Communities,

(iii) he is an undischarged bankrupt,

(iv) within the immediately preceding three years he has, under the protection of a court, made a composition or arrangement with his creditors, or

(v) within the immediately preceding five years, he has been sentenced to a term of imprisonment by a court of competent jurisdiction.

7. (1) A member of the Governing Body who has—

( a ) any interest in any company or concern with which the Institute proposes to make any contract, or

( b ) any interest in any contract which the Institute proposes to make,

shall disclose to the Governing Body the fact of the interest and the nature thereof and shall take no part in any deliberation or decision of the Governing Body relating to the contract, and the disclosure shall be recorded in the minutes of the Governing Body.

(2) A member of the Governing Body who is related to a person who is a candidate for appointment by the Governing Body as an officer or servant of the Institute shall disclose to the Governing Body the fact of the relationship and the nature thereof and shall, if the Governing Body so decide, take no part in any deliberation or decision of the Governing Body relating to the appointment, and the disclosure and decision shall be recorded in the minutes of the Governing Body.

8. The chairman and ordinary members of the Governing Body shall be paid out of funds at the disposal of the Governing Body such remuneration (if any) and such allowances for expenses as the Minister, with the approval of the Minister for the Public Service, may decide.

9. (1) The Governing Body shall hold such and so many meetings as may be necessary for the performance of its functions.

(2) The Minister shall fix the date, time and place of the first meeting of the Governing Body.

(3) The quorum for a meeting of the Governing Body shall be eight members.

10. At a meeting of the Governing Body—

( a ) the chairman shall, if he is present be chairman of the meeting,

( b ) if and so long as the chairman is not present or if the office of chairman is vacant,, the deputy-chairman shall, if he is present, be chairman of the meeting,

( c ) if and so long as the chairman is not present or the office of chairman is vacant, and the deputy-chairman is not present or the office of deputy-chairman is vacant, the members of the Governing Body who are present shall choose one of their number to be chairman of the meeting.

11. Every question at a meeting of the Governing Body shall be determined by a majority of the votes of the members present and voting on the question and, in the case of an equal division of votes, the chairman of the meeting shall have a second or casting vote.

12. Subject to Article 9 (3) of this Schedule, the Governing Body may act notwithstanding one or more than one vacancy among its members.

13. Subject to the provisions of this Act, the Governing Body shall regulate, by standing orders or otherwise, its procedure and business.

14. The Governing Body shall control and conduct the affairs of the Institute and shall carry out all functions assigned to it by this Act and in particular the Governing Body—

( a ) shall determine the conditions under which persons shall be admitted to the Institute and to any particular course of study therein,

( b ) shall determine the conditions under which students, having been admitted to the Institute may be excluded from it,

( c ) may enter into relationships with other institutions on such terms and conditions as the Governing Body may decide,

( d ) may co-operate with any other institution, authority or body for any purpose of the Institute,

( e ) subject to sub-paragraph (a) of this Article, may accept in fulfilment or partial fulfilment of the requirement for entry to any course of study in the Institute, attendance by a student at a course or portion of a course in a Regional Technical College or such other institution as the Governing Body may decide, and

( f ) may engage such consultants or advisors as it may consider necessary for the performance of its functions and any fees payable to such consultants or advisors shall be paid by the Institute out of moneys at its disposal.

Section 7.

SECOND SCHEDULE

THE DIRECTORS

1. The Director shall, subject to the directions of the Governing Body and the provisions of this Act, control and direct the activities of the Institute and shall control and direct the staff of the Institute in the implementation of such activities.

2. The Director shall not hold any other office or position without the consent of the Governing Body.

3. The Director shall be ex officio a member of the Governing Body and shall be entitled to be a member of every committee appointed by the Governing Body.

4. The Director shall be ex officio a member of the Academic Council and, if present, shall preside at all meetings of the Academic Council and shall be entitled to be a member of every committee appointed by the Academic Council.

5. Every Director, other than the first Director, shall be appointed, subject to the approval of the Minister, by the Governing Body.

6. The Governing Body may, with the consent of the Minister, remove the Director from office.

7. If the person who, on the passing of this Act, is employed as Chief Officer of the Institute is still so employed on the commencement of this Act, that person, if he so consents, shall be the first Director.

8. In case the Director by virtue of the provisions of this Act is disqualified for being a member of the Governing Body, he shall at the same time also cease to hold the office of Director.

ACT REFERRED TO