Education (Miscellaneous Provisions) Act 2015

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Appeals Board

5. (1) The Minister shall, within 7 days of receipt of a notice of appeal under section 2 (11) or section 4 (9), request nominations from Quality and Qualifications Ireland for persons to appoint to an Appeals Board.

(2) As soon as practicable, and in any event not later than 42 days after the Minister’s request under subsection (1), Quality and Qualifications Ireland shall nominate the following persons for appointment:

(a) 2 persons having a special interest or expertise in, or knowledge of, matters relating to higher education, one of whom shall be the chairperson of and one of whom shall be an ordinary member of the Appeals Board; and

(b) one person to be an ordinary member of the Appeals Board who is either a practising solicitor with not less than 10 years’ experience or a practising barrister with not less than 10 years’ experience.

(3) (a) An employee or member of Quality and Qualifications Ireland shall not be appointed under subsection (2)(a).

(b) A solicitor or barrister who is in the full-time service of the State shall not be appointed under subsection (2)(b).

(4) The Minister shall appoint the persons nominated under subsection (2) to an Appeals Board for the purposes of hearing the appeal which is the subject of the notice of appeal under subsection (1).

(5) The chairperson and ordinary members of an Appeals Board shall be paid such fees and allowances for expenses as the Minister, with the consent of the Minister for Public Expenditure and Reform, may determine.

(6) The Minister may furnish such support of an administrative nature to an Appeals Board as the Minister in his or her opinion determines is necessary to enable the Board to perform its functions.

(7) An Appeal Board—

(a) shall establish procedures to be followed regarding the making of submissions to the Board and the form of those submissions, and

(b) may establish procedures to be followed regarding—

(i) the holding of a hearing,

(ii) the examination by the Board of parties to an appeal,

(iii) requests for information for the purposes of an appeal and for the provision of such information, and

(iv) any other matter which the Board considers appropriate for the proper performance of its functions.

(8) For the purposes of an appeal for which the Appeals Board is appointed, the Board shall request written submissions from the education provider making the appeal and the Minister and the provider and the Minister shall furnish the submissions to the Board within the time period specified in the request.

(9) An Appeals Board shall consider written submissions made by the education provider making the appeal and made by the Minister in relation to the appeal and, where the Board considers it appropriate to do so, it may hold such hearings as it considers necessary for the determination of an appeal.

(10) An Appeals Board may request such information from an tÚdarás, the Minister or the provider making an appeal as the Board considers necessary to assist it in determining an appeal and an tÚdarás, the Minister or the provider concerned, as the case may be, shall provide that information within the time period specified in the request.

(11) If a hearing is held under subsection (9)—

(a) each of the parties to the appeal is entitled to be heard at the hearing, and

(b) the Appeals Board may adjourn the hearing of a matter at any stage in the proceedings until a date specified by the Board.

(12) A decision of a majority of the members of an Appeals Board shall suffice for any purpose.

(13) The Appeals Board shall determine an appeal as soon as practicable after the Board has completed its consideration of the appeal which shall be a determination to—

(a) affirm the Minister’s refusal or withdrawal, as the case may be, or

(b) quash the decision of the Minister and direct the Minister, for stated reasons, to reconsider his or her decision.

(14) Where the Appeals Board makes a determination under subsection (13)(a) to affirm the Minister’s withdrawal of authorisation, it shall at the same time specify the date from which the withdrawal shall take effect.

(15) An Appeals Board shall notify the education provider which brings the appeal and the Minister of its determination under subsection (13), and of the date specified under subsection (14) (if applicable), as soon as practicable after the Board makes its determination.

(16) Where the Appeals Board makes a determination under subsection (13)(b) the Minister shall reconsider his or her decision within 30 days of receipt of notification from the Appeals Board under subsection (15).

(17) An Appeals Board shall be independent in the performance of its functions.

(18) In this section, “Quality and Qualifications Ireland” means the Qualifications and Quality Assurance Authority of Ireland.