Institutes of Technology Act, 2006

JurisdictionIreland
CitationIR No. 25/2006


Institutes of Technology Act 2006

2006 25

AN ACT TO AMEND THE REGIONAL TECHNICAL COLLEGES ACTS 1992 TO 2001, TO AMEND THE DUBLIN INSTITUTE OF TECHNOLOGY ACTS 1992 TO 2001, TO AMEND THE HIGHER EDUCATION AUTHORITY ACT 1971, TO AMEND THE UNIVERSITIES ACT 1997, TO AMEND THE QUALIFICATIONS (EDUCATION AND TRAINING) ACT 1999, TO REPEAL SECTIONS 19, 37 AND 38 OF THE VOCATIONAL EDUCATION (AMENDMENT) ACT 2001, AND TO PROVIDE FOR RELATED MATTERS.

[16 July 2006]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

1 Preliminary and General

PART 1

Preliminary and General

S-1 Short title, commencement and collective citations.

1 Short title, commencement and collective citations.

(1) This Act may be cited as the Institutes of Technology Act 2006.

(2) Subject to subsection (3), this Act shall come into operation on such day or days as the Minister may appoint by order or orders either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or different provisions.

(3) If, immediately before the expiration of the period of one year from the date of passing of this Act, this Act has not been commenced by an order under this section or any provision or provisions thereof remains or remain to be commenced by such an order (including as respects a particular purpose), this Act or the said provision or provisions shall come into operation (or, in the case of such provision or provisions that remains or remain to be commenced for a particular purpose, shall come into operation for that purpose) upon the expiration of the said period.

(4) The Regional Technical Colleges Acts 1992 to 2001 and Part 2 may be cited together as the Institutes of Technology Acts 1992 to 2006.

(5) The Dublin Institute of Technology Acts 1992 to 2001 and Part 3 may be cited together as the Dublin Institute of Technology Acts 1992 to 2006.

(6) The Higher Education Authority Act 1971 and section 52 may be cited together as the Higher Education Authority Acts 1971 and 2006.

(7) The Universities Act 1997 and section 53 may be cited together as the Universities Acts 1997 and 2006.

(8) The Qualifications (Education and Training) Act 1999 and section 54 may be cited together as the Qualifications (Education and Training) Acts 1999 and 2006.

(9) The Vocational Education Acts 1930 to 2001 and section 55 may be cited together as the Vocational Education Acts 1930 to 2006.

S-2 Definitions.

2 Definitions.

.— In this Act—

“ DIT Act” means the Dublin Institute of Technology Act 1992;

“RTC Act” means the Regional Technical Colleges Act 1992.

2 Amendment of Regional Technical Colleges Acts

PART 2

Amendment of Regional Technical Colleges Acts

S-3 Amendment of section 2 of RTC Act.

3 Amendment of section 2 of RTC Act.

.— Section 2(1) of the RTC Act is amended—

(a) by inserting, after the definition of “academic council”, the following definition:

“ ‘An tÚdarás’ means An tÚdarás um Ard-Oideachas;”, and

(b) by substituting the following definition for the definition of “college”:

“ ‘college’ means an institution of higher education declared by paragraph (a) of section 3(1) (as amended by the Institutes of Technology Act 2006) to be a college to which this Act applies and, in relation to the Cork Institute of Technology, includes a school of that college declared to be such under paragraph ( b) of that subsection;”.

S-4 Amendment of section 3 of RTC Act.

4 Amendment of section 3 of RTC Act.

.— Section 3 of the RTC Act is amended—

(a) by substituting the following for subsection (1) (as amended by the Regional Technical Colleges (Amendment) Act 1999):

“(1) (a) Each institution of higher education specified in column (1) of the First Schedule is declared to be a college to which this Act applies and shall, subject to subsection (4), continue to bear, and to be known by, the name in the Irish language or in the English language by which it is referred to in that Schedule.

(b) Coláiste Ealaíne agus Deartha Crawford (Crawford College of Art and Design), Ceol-Scoil Chorcaí (Cork School of Music) and Coláiste Náisiúnta Mara na hÉireann (National Maritime College of Ireland) are declared to be schools of the Cork Institute of Technology and each of them shall continue to bear, and to be known by, the name in the Irish language or in the English language by which it is referred to in this paragraph.

(c) (i) Coláiste Turasóireachta Na Cealla Beaga (Tourism College Killybegs) is declared to be a school of the Letterkenny Institute of Technology and it shall continue to bear, and to be known by, the name in the Irish language or the English language by which it is referred to in this paragraph, or by such other name as the governing body, subject to the consent of the Minister, may determine.

(ii) Every person who, immediately before the commencement of this paragraph, is—

(I) an employee of County Donegal Vocational Education Committee, and

(II) working for the college referred to in subparagraph (i),

shall, on such commencement, become and be a member of the staff of Letterkenny Institute of Technology and shall not, while in the service of that college, 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 Finance to which that person was entitled and the conditions of service approved by the Minister to which the person was subject before such commencement.”, and

(b) by deleting subsections (2) (as amended by the Qualifications (Education and Training) Act 1999) and (3).

S-5 Repeal of section 3A of RTC Act.

5 Repeal of section 3A of RTC Act.

.— Section 3A (inserted by the Qualifications (Education and Training) Act 1999) of the RTC Act is repealed.

S-6 Amendment of section 5 of RTC Act.

6 Amendment of section 5 of RTC Act.

.— Section 5 of the RTC Act is amended—

(a) in subsection (1)—

(i) in paragraph (c), by substituting “An tÚdarás” for “the Minister”,

(ii) by substituting the following paragraph for paragraph (e):

“(e) in relation to any of the following companies or undertakings and in accordance with the following law, namely—

(i) a limited liability company in the State — in accordance with the Companies Acts, or

(ii) a company or undertaking (the liability of members of which is limited) in a state other than the State — in accordance with the law of that state,

to—

(I) promote and take part in the formation of it,

(II) acquire, hold or dispose of shares or other interests in its capital, or

(III) participate in the management or direction of it,

but only if the objects of the company or undertaking include the carrying on of such business, trading or other activities, as the college thinks fit, for the purpose of promoting or assisting in the performance of, or in connection with, the functions of the college;”,

and

(iii) in paragraph (i), by substituting “An tÚdarás” for “the Minister”,

and

(b) by deleting subsection (2).

S-7 Academic freedom.

7 Academic freedom.

.— The RTC Act is amended by inserting the following section after section 5:

“Academic freedom.

5A.— (1) A college, in performing its functions, shall have the right and responsibility to preserve and promote the traditional principles of academic freedom in the conduct of its internal and external affairs.

(2) A member of the academic staff of a college shall have the freedom, within the law, in his or her teaching, research and any other activities either in or outside the college, to question and test received wisdom, to put forward new ideas and to state controversial or unpopular opinions and shall not be disadvantaged, or subject to less favourable treatment by the college, for the exercise of that freedom.”.

S-8 Amendment of section 7 of RTC Act.

8 Amendment of section 7 of RTC Act.

.— The RTC Act is amended by substituting the following section for section 7:

“Functions of governing bodies.

7.— (1) The functions of the governing body of a college shall be, in pursuance of the functions of the college under section 5 but within the constraints of the college’s budget under section 13—

(a) to control and administer the land and other property of the college,

(b) to appoint the Director and such other staff as it thinks necessary for the purposes of the college, and

(c) to perform such other functions as are conferred on it by this or any other Act.

(2) For the purpose of the appointment of the Director under subsection (1)(b), the governing body shall develop such interview and other procedures as in its opinion will best ensure participation in the selection process by candidates of a high calibre from both within and outside of the college and shall publish such procedures in such manner as it considers appropriate.

(3) A governing body has, subject to this or any other Act, such powers as are necessary for the purposes of performing its functions.

(4) A governing body may, from time to time, appoint such and as many committees, consisting either wholly or partly of members of the governing body, as it thinks necessary to assist it in the performance of its functions and may assign to those committees such of its functions as it thinks fit.

(5) A committee appointed under subsection (4) shall operate in such manner as the governing body may direct and its acts shall be subject to confirmation by the governing body, unless the governing body otherwise directs.

(6) In performing its functions a governing body, or, where appropriate, a committee shall—

(a) comply with such policy directions as may be issued by the Minister from time to time, including directions relating to the levels and range of programmes offered by the college,

(b) have regard to the promotion and use of the Irish language as a language of general communication and promote the cultivation of the Irish language and its associated literary and cultural traditions,

(c) have regard to the attainment of gender balance and equality of opportunity among the students and staff...

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