Universities Act, 1997

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

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Number 24 of 1997

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UNIVERSITIES ACT 1997

REVISED

Updated to 15 November 2022

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This Revised Act is an administrative consolidation of the Universities Act 1997. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.

All Acts up to and including the Consumer Rights Act 2022 (37/2022), enacted 7 November 2022, and all statutory instruments up to and including the Trinity College, Dublin (Supplemental Charter) Order 2022 (S.I. No. 587 of 2022), made 15 November 2022, were considered in the preparation of this Revised Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to

revisedacts@lawreform.ie.

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Number 24 of 1997

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UNIVERSITIES ACT 1997

REVISED

Updated to 15 November 2022

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Introduction

This Revised Act presents the text of the Act as it has been amended since enactment, and preserves the format in which it was passed.

Related legislation

Universities Acts 1997 to 2015: this Act is one of a group of Acts included in this collective citation, to be construed together as one (Education (Miscellaneous Provisions) Act 2015 (11/2015), s. 11(2)). The Acts in this group are:

• Universities Act 1997 (24/1997)

• Institutes of Technology Act 2006 (25/2006), s. 53

• Education (Miscellaneous Provisions) Act 2015 (11/2015), s. 6

Annotations

This Revised Act is annotated and includes textual and non-textual amendments, statutory instruments made pursuant to the Act and previous affecting provisions.

An explanation of how to read annotations is available at

www.lawreform.ie/annotations.

Material not updated in this revision

Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked. This information is not represented in this revision but will be reflected in a revision of the amended legislation if one is available.

Where legislation or a fragment of legislation is referred to in annotations, changes to this legislation or fragment may not be reflected in this revision but will be reflected in a revision of the legislation referred to if one is available.

A list of legislative changes to any Act, and to statutory instruments from 1972, may be found linked from the page of the Act or statutory instrument at

www.irishstatutebook.ie.

Acts which affect or previously affected this revision

• Higher Education Authority Act 2022 (31/2022)

• Qualifications and Quality Assurance (Education and Training) (Amendment) Act 2019 (32/2019)

• Education (Miscellaneous Provisions) Act 2015 (11/2015)

• Local Government Reform Act 2014 (1/2014)

• Qualifications and Quality Assurance (Education and Training) Act 2012 (28/2012)

• Ministers and Secretaries (Amendment) Act 2011 (10/2011)

• Financial Measures (Miscellaneous Provisions) Act 2009 (14/2009)

• Institutes of Technology Act 2006 (25/2006)

• Qualifications (Education and Training) Act 1999 (26/1999)

All Acts up to and including Consumer Rights Act 2022 (37/2022), enacted 7 November 2022, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

• Trinity College, Dublin (Supplemental Charter) Order 2022 (S.I. No. 587 of 2022)

• Further and Higher Education, Research, Innovation and Science (Transfer of Departmental Administration and Ministerial Functions) Order 2020 (S.I. No. 451 of 2020)

• Universities Act 1997 (Section 54(3)) (University Authorisation) Order 2019 (S.I. No. 638 of 2019)

• Trinity College Dublin, the University of Dublin Superannuation Scheme 2018 (S.I. No. 393 of 2018)

• National University of Ireland, Maynooth Employee Superannuation Scheme 2017 (S.I. No. 542 of 2017)

• Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011)

• National University of Ireland (Closed) Pension Scheme 2010 (S.I. No. 283 of 2010)

• National University of Ireland, Galway Ollscoil na hÉireann, Gaillimh (Closed) Pension Scheme 2010 (S.I. No. 98 of 2010)

• University College Cork - National University of Ireland, Cork (Closed) Pension Scheme 2010 (S.I. No. 97 of 2010)

• University College Dublin, National University of Ireland, Dublin (Closed) Pension Scheme 2010 (S.I. No. 96 of 2010)

• National University of Ireland, Maynooth (Closed) Pension Scheme 2009 (S.I. No. 494 of 2009)

• University of Dublin Trinity College (Closed) Pension Scheme 2009 (S.I. No. 493 of 2009)

• Universities Act 1997 University College Cork National University of Ireland, Cork (S.I. No. 281 of 2005)

• National University of Ireland, Dublin (Change of Name of University) Order 1998 (S.I. No. 447 of 1998)

• National University of Ireland, Cork (Change of Name of University) Order 1998 (S.I. No. 446 of 1998)

• Universities Act, 1997 (Commencement) Order 1997 (S.I. No. 254 of 1997)

All statutory instruments up to and including Trinity College, Dublin (Supplemental Charter) Order 2022 (S.I. No. 587 of 2022), made 15 November 2022, were considered in the preparation of this revision.

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Number 24 of 1997

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UNIVERSITIES ACT 1997

REVISED

Updated to 15 November 2022

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ARRANGEMENT OF SECTIONS

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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

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Number 24 of 1997

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UNIVERSITIES ACT 1997

REVISED

Updated to 15 November 2022

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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:

Annotations:

Modifications (not altering text):

C1

Functions transferred and references construed (21.10.2020) by Further and Higher Education, Research, Innovation and Science (Transfer of Departmental Administration and Ministerial Functions) Order 2020 (S.I. No. 451 of 2020), arts. 2, 3(1)(a), (2) and sch., in effect as per art. 1(2), subject to transitional provisions in arts. 4-8.

2. (1) The administration and business in connection with the exercise, performance or execution of any functions transferred by this Order are transferred to the Department of Further and Higher Education, Research, Innovation and Science.

(2) References to the Department of Education and Skills contained in any Act or any instrument made under such Act and relating to any administration and business transferred by paragraph (1) shall, from the commencement of this Order, be construed as references to the Department of Further and Higher Education, Research, Innovation and Science.

3. (1) The functions vested in the Minister for Education and Skills -

(a) by or under the Acts specified in Part 1 of the Schedule, and

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are transferred to the Minister for Further and Higher Education, Research, Innovation and Science.

(2) References to the Minister for Education and Skills contained in any Act or instrument made under such Act and relating to any functions transferred by paragraph (1) shall, from the commencement of this Order, be construed as references to the Minister for Further and Higher Education, Research, Innovation and Science.

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SCHEDULE

Article 3

Part 1

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Universities Acts 1997 to 2015

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PART I

Preliminary and General

Short title.

1

1.—This Act may be cited as the Universities Act, 1997.

Commencement.

2

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

3.—(1) In this Act, unless the context otherwise requires—

“An tÚdarás” means F1[An tÚdarás um Ard-Oideachas];

“chairperson”, in relation to a governing authority, includes F2[…] a deputy-chairperson and a person presiding at a meeting of the...