Universities Act, 1997

• Jurisdiction: Ireland
• Citation: IR No. 24/1997

Number 24 of 1997
UNIVERSITIES ACT, 1997
ARRANGEMENT OF SECTIONS
PART I
Preliminary and General
Section 1. Short title. 2. Commencement. 3. Interpretation. 4. Application. 5. Expenses. 6. Repeals and savings.
PART II
Establishment and Identity of Universities
7. Reconstitution of constituent colleges. 8. Incorporation of educational institutions with existing universities. 9. Establishment of additional universities. 10. Change of name of university. 11. Amendment of Dublin City University Act, 1989, and University of Limerick Act, 1989.
PART III
Universities Generally
Chapter I
Objects and Functions
12. Objects of university. 13. Functions of university. 14. Academic freedom.
Chapter II
Governance
15. Governing authority. 16. Composition of governing authority. 17. Chairperson of governing authority. 18. Functions of governing authority. 19. Visitor. 20. Visitation. 21. Suspension of governing authority.
Chapter III
Interim Arrangements
22. Governing bodies of existing colleges, etc., to continue in office until first governing authorities constituted. 23. Determination of composition of first governing authority.
Chapter IV
Staff of University
24. Chief officer. 25. Staff. 26. Dispute resolution.
Chapter V
Academic Council
27. Academic council. 28. Composition of academic council. 29. Business of academic council. 30. Continuation of existing academic councils.
Chapter VI
Charters and Statutes
31. Charters and supplementary charters. 32. Preservation of charters. 33. Statutes.
Chapter VII
Planning and Evaluation
34. Strategic development plan. 35. Quality assurance. 36. Equality policy.
Chapter VIII
Finance, Property and Reporting
37. Budgets. 38. Borrowing and loan guarantees. 39. Keeping of accounts and records. 40. Fees. 41. Report and information. 42. Disposal of land, etc.
Chapter IX
The National University of Ireland, Maynooth
43. Establishment of National University of Ireland, Maynooth. 44. Transfer of existing staff.
PART IV
National University of Ireland
45. Amendment of Charter of National University of Ireland. 46. Amendment of Irish Universities Act, 1908. 47. Relationship of constituent universities to National University of Ireland. 48. Membership of constituent universities.
PART V
An tÚdarás
49. Reviews. 50. Guidelines. 51. Information on staffing.
PART VI
Miscellaneous
52. Educational institution not to be described as university.
FIRST SCHEDULE
Enactments Repealed
SECOND SCHEDULE
Table
THIRD SCHEDULE
Governing Authority
FOURTH SCHEDULE
Chief Officer
FIFTH SCHEDULE
Superannuation
Acts Referred to Arbitration Acts, 1954 and 1980 Comptroller and Auditor General (Amendment) Act, 1993 1993, No. 8 Dublin City University Act, 1989 1989, No. 15 Dublin Institute of Technology Act, 1992 1992, No. 15 Higher Education Authority Act, 1971 1971, No. 22 Irish Universities Act, 1908 8 Edw.7. c. 38 National Institute for Higher Education, Dublin, Act, 1980 1980, No. 30 National Institute for Higher Education, Limerick, Act, 1980 1980, No. 25 Regional Technical Colleges Act, 1992 1992, No. 16 University of Limerick Act, 1989 1989, No. 14
Number 24 of 1997
UNIVERSITIES ACT, 1997
AN ACT TO CONSTITUTE OR ESTABLISH CERTAIN COLLEGES AND UNIVERSITIES AS UNIVERSITIES UNDER THIS ACT, TO ALLOW FOR THE INCORPORATION OF EDUCATIONAL INSTITUTIONS AS PARTS OF UNIVERSITIES OR AS UNIVERSITIES IN THEIR OWN RIGHT, TO PROVIDE FOR THE GOVERNANCE OF UNIVERSITIES WHICH ARE IN RECEIPT OF MONEYS PROVIDED BY AN tÚDARÁS BY THE CONSTITUTING OF GOVERNING AUTHORITIES AND ACADEMIC COUNCILS AND PROVIDING FOR THEIR POWERS AND FUNCTIONS, TO MAKE CERTAIN PROVISIONS RELATING TO STAFF, PLANNING AND FINANCIAL SCRUTINY AND REPORTING OF UNIVERSITIES, TO AMEND OR PROVIDE FOR THE CONTINUATION AND AMENDING OF CERTAIN UNIVERSITY CHARTERS AND THE CONTINUATION OF STATUTES, TO REPEAL THE NATIONAL INSTITUTE FOR HIGHER EDUCATION, LIMERICK, ACT, 1980 , THE NATIONAL INSTITUTE FOR HIGHER EDUCATION, DUBLIN, ACT, 1980 , AND CERTAIN PROVISIONS OF OTHER ACTS, TO AMEND CERTAIN OTHER ACTS, AND FOR CONNECTED PURPOSES. [14th May, 1997]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:
PART I Preliminary and General
	Short title.	1.—This Act may be cited as the Universities Act, 1997.
	Commencement.	2.—This Act shall come into operation on such day or days as may be fixed therefor by order or orders made by the Minister under this section, either generally or with reference to any particular purpose or provision, and different days may be so fixed for different purposes and different provisions of this Act.
	Interpretation.	3.—(1) In this Act, unless the context otherwise requires—
	“An tÚdarás” means the body established by section 2 of the Higher Education Authority Act, 1971 ;
	“chairperson”, in relation to a governing authority, includes the chief officer, a deputy-chairperson and a person presiding at a meeting of the authority, while he or she is acting as the chairperson or so presiding;
	“chief officer” means—
	(a) a person appointed under section 24 as the chief officer of a university, or
	(b) the chief officer of a university, constituent college, Recognised College or educational institution, by whatever name known, continued in office for the purposes of this Act,
	and includes a person acting in the office or performing the duties of a chief officer;
	“commission” means a commission appointed under section 23 (1);
	“constituent college” means a university college specified in column 1 of the Second Schedule ;
	“constituent university” means a university specified in column 2 of the Second Schedule or the National University of Ireland, Maynooth;
	“Dublin City University” means the university established by section 2 of the Dublin City University Act, 1989 ;
	“employee”, in relation to a university, means a person employed by the university in any capacity, and includes an officer of the university;
	“financial year” means a period of 12 months commencing on the 1st day of January in each year;
	“first governing authority” means a governing authority of a university as that governing authority is first constituted after the commencement of Part III or, in the case of an additional university established under section 9 , as first constituted after that university is established;
	“functions” includes powers and duties;
	“governing authority” includes—
	(a) a person or body appointed under section 21 (4) to perform the functions of a governing authority,
	(b) in relation to the appointment of a new governing authority after the suspension of a governing authority of a university under section 21 (4), the Visitor of that university,
	(c) in relation to the appointment of the first governing authority of a university, the commission for that university, and
	(d) except to the extent that its functions are limited under section 22 , a governing body continued in existence by that section;
	“the Minister” means the Minister for Education;
	“the National University of Ireland” means the university by that name in Dublin, constituted and founded by charter in pursuance of the Irish Universities Act, 1908 ;
	“officer”, in relation to a university, includes—
	(a) a permanent, full-time member of the academic staff of the university,
	(b) the chief officer,
	(c) a person who immediately before the commencement of this Part is an officer of a university, constituent college or recognised college, and
	(d) such other employees as the governing authority may from time to time determine;
	“Recognised College” means a recognised college of the National University of Ireland;
	“the Senate” means the Senate of the National University of Ireland;
	“statutes” means the statutes made under section 33 (1) by a governing authority, and includes statutes continued in force by section 33 (3);
	“student”, in relation to a university, means a person registered as a student by the university or a full-time officer of the Students Union or other student representative body in the university recognised by the governing authority who was first elected or appointed to his or her office while he or she was a registered student of the university;
	“Student Union” means a body established to promote the general interests of students of a university and which represents students, both individually and collectively, in respect of academic, disciplinary and other matters arising within the university;
	“Trinity College” means the College of the Holy and Undivided Trinity of Queen Elizabeth near Dublin established by charter dated the 3rd day of March, 1592, and shall be held to include the University of Dublin save where the context otherwise requires in accordance with the charters and letters patent relating to Trinity College;
	“the University of Dublin” means the university established by the charters and letters patent incorporating Trinity College and which said university is further provided for by the letters patent of the 24th day of July, 1857;
	“the University of Limerick” means the university established by section 2 of the University of Limerick Act, 1989 ;
	“Visitor” means the...