Institutes of Technology Act, 2006

• Jurisdiction: Ireland
• Citation: IR No. 25/2006
• Year: 2006

Number 25 of 2006
INSTITUTES OF TECHNOLOGY ACT 2006
ARRANGEMENT OF SECTIONS
PART 1
Preliminary and General
Section
1. Short title, commencement and collective citations.
2. Definitions.
PART 2
Amendment of Regional Technical Colleges Acts
3. Amendment of section 2 of RTC Act.
4. Amendment of section 3 of RTC Act.
5. Repeal of section 3A of RTC Act.
6. Amendment of section 5 of RTC Act.
7. Academic freedom.
8. Amendment of section 7 of RTC Act.
9. Amendment of section 8 of RTC Act.
10. Amendment of section 9 of RTC Act.
11. Amendment of section 10 of RTC Act.
12. Amendment of section 11 of RTC Act.
13. Provisions in relation to certain staff.
14. Amendment of section 12 of RTC Act.
15. Amendment of section 13 of RTC Act.
16. Amendment of section 14 of RTC Act.
17. Repeal of section 15 of RTC Act.
18. Amendment of section 16 of RTC Act.
19. Amendment of section 18 of RTC Act.
20. Amendment of section 20 of RTC Act.
21. Amendment of section 21 of RTC Act.
22. Governance of institutes of technology.
23. Effect of certain orders.
24. Amendment of First Schedule to RTC Act.
25. Amendment of Second Schedule to RTC Act.
26. Amendment of Third Schedule to RTC Act.
27. Amendment of Regional Technical Colleges (Amendment) Act 1994.
28. Amendment of section 9 of Regional Technical Colleges (Amendment) Act 1999.
PART 3
Amendment of Dublin Institute of Technology Acts
29. Amendment of section 2 of DIT Act.
30. Amendment of section 3 of DIT Act.
31. Amendment of section 5 of DIT Act.
32. Academic freedom.
33. Amendment of section 7 of DIT Act.
34. Amendment of section 8 of DIT Act.
35. Amendment of section 9 of DIT Act.
36. Amendment of section 10 of DIT Act.
37. Amendment of section 11 of DIT Act.
38. Amendment of section 12 of DIT Act.
39. Provisions in relation to certain staff.
40. Amendment of section 13 of DIT Act.
41. Amendment of section 14 of DIT Act.
42. Amendment of section 15 of DIT Act.
43. Repeal of section 16 of DIT Act.
44. Amendment of section 17 of DIT Act.
45. Amendment of section 19 of DIT Act.
46. Amendment of section 21 of DIT Act.
47. Governance of Dublin Institute of Technology.
48. Effect of certain orders.
49. Amendment of Second Schedule to DIT Act.
50. Amendment of Third Schedule to DIT Act.
51. Amendment of section 2 of Dublin Institute of Technology (Amendment) Act 1994.
PART 4
Miscellaneous
52. Amendment of Higher Education Authority Act 1971.
53. Amendment of Universities Act 1997.
54. Amendment of Qualifications (Education and Training) Act 1999.
55. Repeal of sections 19, 37 and 38 of Vocational Education (Amendment) Act 2001.
Acts Referred to
Comptroller and Auditor General (Amendment) Act 1993 1993, No. 8 Dublin Institute of Technology (Amendment) Act 1994 1994, No. 31 Dublin Institute of Technology Act 1992 1992, No. 15 Dublin Institute of Technology Acts 1992 to 2001 Higher Education Authority Act 1971 1971, No. 22 Local Government (Superannuation) Act 1980 1980, No. 8 Qualifications (Education and Training) Act 1999 1999, No. 26 Regional Technical Colleges (Amendment) Act 1994 1994, No. 29 Regional Technical Colleges (Amendment) Act 1999 1999, No. 20 Regional Technical Colleges Act 1992 1992, No. 16 Regional Technical Colleges Acts 1992 to 2001 Universities Act 1997 1997, No. 24 Vocational Education (Amendment) Act 1944 1944, No. 9 Vocational Education (Amendment) Act 2001 2001, No. 23 Vocational Education Act 1930 1930, No. 29 Vocational Education Acts 1930 to 2001
Number 25 of 2006
INSTITUTES OF TECHNOLOGY ACT 2006
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.
[16th July, 2006]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:
PART 1 Preliminary and General
	Short title, commencement and collective citations.	1.— (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.
	Definitions.	2.— In this Act—
	“ DIT Act” means the Dublin Institute of Technology Act 1992 ;
	“RTC Act” means the Regional Technical Colleges Act 1992 .
PART 2 Amendment of Regional Technical Colleges Acts
	Amendment of section 2 of RTC Act.	3.— 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;”.
	Amendment of section 3 of RTC Act.	4.— 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).
	Repeal of section 3A of RTC Act.	5.— Section 3A (inserted by the Qualifications (Education and Training) Act 1999 ) of the RTC Act is repealed.
	Amendment of section 5 of RTC Act.	6.— 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...