Education (Leaving Certificate 2021) (Accredited Grades) Act 2021

• Permanent Page URL

Regulations in relation to system of accredited grades

7. (1) The Minister may make regulations for the purposes of this Act, including regulations for prescribing any matter or thing which is referred to in this Act as prescribed or to be prescribed or for the purpose of enabling any provision of this Act to have full effect or for the purpose of the effective operation of the system of accredited grades.

(2) Without prejudice to the generality of subsection (1), regulations under this section may provide for the following:

(a) the procedure to be undertaken by the Commission where it receives information under section 4 (2) or (4) or where it considers that false or misleading information may have been given in the circumstances provided for in section 5 , as the case may be, which may include, but is not limited to, the following:

(i) the form and manner of the notification to be given—

(I) in the case of a matter arising under section 4 , to the person who provided the information under section 4 (2) and the candidate concerned, and

(II) in the case of a matter arising under section 5 , to the candidate concerned,

which notification shall include—

(A) information regarding the matter that has arisen under section 4 or 5 , as the case may be, and

(B) a statement that the Commission intends to carry out a review of the matter and that the candidate, and in the case of a matter arising under section 4, the person who provided the information under section 4 (2), may make representations to the Commission in the prescribed form and manner and within the prescribed period;

(ii) the form and manner in which, and the period within which, the review referred to in subparagraph (i) shall be conducted;

(iii) the period within which the Commission shall make a decision following the review referred to in subparagraph (i);

(b) the provision to the Commission of such information as the Commission may reasonably require for the purposes of the review referred to in paragraph (a) (i) from such persons in such form and manner, and within such period, as may be prescribed, including a request, in writing, for that information from those persons;

(c) the form and manner in which, and the period within which, the candidate and, in the case of a matter arising under section 4 , the person who provided the information under section 4 (2), shall be notified of the decision of the Commission referred to in paragraph (a)(iii), including, in the case of a decision to withhold all or any of the accredited grades comprised in the Leaving Certificate 2021, giving to the candidate the reasons for that decision;

(d) the appointment by the Commission of a panel of suitable persons to consider appeals referred to in paragraph (e) (in this section referred to as “appeals officers”), on such terms and conditions as the Commission may determine, which may include, but are not limited to, the period for which they may be appointed, the payment of fees and expenses (with the consent of the Minister and the Minster for Public Expenditure and Reform), resignation and removal for stated reasons;

(e) the procedure for an appeal by a candidate against a decision referred to in paragraph (c) which may include, but is not limited to, the following:

(i) the period within which an appeal shall be made;

(ii) the form and manner in which an appeal shall be made;

(iii) the information to be provided by the candidate for the purposes of the appeal, including the reasons for that appeal;

(iv) the appointment of an appeals officer;

(v) the conduct of the appeal;

(vi) the provision of such access to information, records and documentation held by the Commission as may reasonably be required for the purposes of an appeal;

(vii) the period within which the appeal shall be determined;

(viii) the form and manner in which, and the period within which, the candidate and, in the case of a matter arising under section 4 , the person who provided the information under section 4 (2), shall be notified of the determination of the appeal, including where the decision of the Commission to withhold all or any of the accredited grades is upheld, the reasons for that decision.

(3) Regulations under this section may contain such incidental, supplementary and consequential provisions as appear to the Minister to be necessary or expedient for the purposes of the regulations.

(4) The procedures prescribed under subsection (2) are without prejudice to any other power, rights or remedies available to a person relating to the withholding for any reason of results relating to the Leaving Certificate Examination.