lrc_2012_act_28

(LRC Revised)

1 Articles / Provisions · Ireland

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LRC Revised Act

Qualifications and Quality Assurance (Education and Training) Act 2012 (LRC Revised) Open official source

Number 28 of 2012

QUALIFICATIONS AND QUALITY ASSURANCE (EDUCATION AND TRAINING) ACT 2012

REVISED

Updated to 1 January 2026

Changes to legislation

as of 10 July 2026, this Act is up to date with all changes known to be in force.

This Revised Act is an administrative consolidation of the

Qualifications and Quality Assurance (Education and Training) Act 2012

. 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

National Training Fund (Amendment) Act 2025

(21/2025), enacted 23 December 2025, and all statutory instruments up to and including

the

European Union (Restrictive Measures concerning Iraq) Regulations 2026

(S.I. No. 1 of 2026), made 6 January 2026, 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.

Number

2012

QUALIFICATIONS AND QUALITY ASSURANCE (EDUCATION AND TRAINING) ACT 2012

REVISED

Updated to 1 January 2026

ARRANGEMENT OF SECTIONS

PART 1

Preliminary and General

Section

1. Short title and commencement.

2. Interpretation.

3. Regulations.

4. Expenses.

5. Offences.

6. Repeals and revocation.

PART 2

Qualifications and Quality Assurance Authority of Ireland

7. Establishment day.

8. Establishment of Qualifications and Quality Assurance Authority of Ireland.

9. Functions of Authority.

10. Reviews by Authority.

11. Review of Authority by Minister.

12. Grants to Authority.

13. Co-operation with Authority.

14. Directions of Authority as to provision of information.

14A. Furnishing of information by Authority to other bodies.

15. Chief executive.

16. Functions of chief executive.

17. Delegation of functions of chief executive.

18. Accountability of chief executive to Public Accounts Committee.

19. Accountability of chief executive to other Oireachtas Committees.

20. Staff.

21. Transfer of staff of dissolved body to Authority.

22. Superannuation.

23. Accounts.

24. Strategy statement.

25. Annual Report.

26. Gifts to Authority.

PART 3

Quality Assurance

27. Quality assurance.

28. Obligation of providers to prepare quality assurance procedures.

29. Quality assurance procedures and previously established universities.

29A. Condition precedent for provisions of Act to be invoked by specified providers

- criteria specified in regulations to be met.

29B. Regulations specifying criteria concerning capacity and capability of providers

and related criteria.

29C. Supplemental provisions in relation to

sections 29A

and

29B

(including provision for refusals of applications, etc., where relevant criteria

not shown to be met).

30. Quality assurance procedures and relevant providers, other than previously established

universities.

31. Refusal by Authority to approve proposed quality assurance procedures.

32. Quality assurance procedures and designated awarding bodies.

33. Quality assurance procedures and linked providers.

34. Review by Authority of quality assurance procedures of relevant providers.

35. Directions of Authority following review of quality assurance procedures.

36. Withdrawal by Authority of approval of quality assurance procedures.

37. Review by designated awarding bodies of quality assurance procedures of linked

providers.

38. Directions of designated awarding body following review of quality assurance procedures.

39. Withdrawal by designated awarding body of approval of quality assurance procedures.

40. Review by Authority of procedures of National University of Ireland.

41. Directions of Authority to National University of Ireland following review.

42. Quality reviews by Authority.

PART 4

Standards and Awards

43. Framework of qualifications.

43A. Offence to provide or advertise cheating services.

44. Application for validation of programme of education and training.

45. Determination of application for validation of programme of education and training.

46. Review of programme validation.

47. Withdrawal of programme validation.

48. Arrangement between providers and awarding bodies other than the Authority.

49. Authority to determine standards of knowledge, skill or competence for awards.

50. Making of an award.

51. Joint awarding arrangement.

52. Request by provider for delegation of authority to make award.

53. Determination of request for delegation of authority to make award.

54. Review by Authority of delegated authority to make award.

55. Withdrawal or variation by Authority of delegated authority to make award.

55A.

Sections 55A

55I

(Interpretation).

55B. Awards included within Framework (process by which awards acquire such status).

55C. Listing of an awarding body - decision as to whether it is appropriate that such

a body make a particular award and related matters.

55D. Decision that award is an appropriate one to be included in Framework.

55E. Policies and criteria for making decisions under

sections 55C(5)

and

55D

55F. Duties of listed awarding bodies.

55G. Review of listed awarding bodies.

55H. Withdrawal or variation of listing of awarding bodies.

55I. Effect of deletion of awarding body’s name from list.

56. Procedures for access, transfer and progression in relation to learners.

57. Review by Authority of implementation of procedures for access, transfer and progression.

58. Directions of Authority following review of procedures for access, transfer and

progression.

59. Withdrawal by Authority of approval of access, transfer and progression procedures.

PART 5

Code of Practice and International Education Mark

60. Code of Practice for provision of programme to international learners.

61. International education mark.

62. Annual charge for use of international education mark.

63. Review by Authority of provider’s compliance with code of practice and provider’s use of international education mark.

PART 6

Protection of Enrolled Learners

64. Interpretation and application of Part.

65. Obligation of certain providers to pay annual charge into Learner Protection Fund.

65A. Existing enrolled learner protection arrangements - status and period for which

such arrangements shall continue to have effect.

66. Protection of Enrolled Learners Fund.

66A. Regulations in relation to payment of annual charges into Learner Protection

Fund and related matters.

67. Obligation on providers to furnish information to enrolled learners.

PART 7

Appeals

68. Appeals Panel.

69. Determination of appeal by Appeals Board.

70. Appeal procedures.

PART 8

Dissolution of Bodies

71. Dissolution of National Qualifications Authority of Ireland, Higher Education

and Training Awards Council and Further Education and Training Awards Council.

72. Liability for loss occurring before establishment day.

73. Transfer of land and other property to Authority.

74. Transfer of rights and liabilities, and continuation of leases, licences and permissions

granted by dissolved body.

75. Provisions consequent upon transfer of assets and liabilities to Authority.

76. Records of dissolved bodies.

77. Final accounts and final report of dissolved bodies.

PART 9

Miscellaneous Provisions

78. Register of providers.

79. Database.

80. Fees.

81. Provider not to be described as “institute of technology” or “regional technical college”.

82. Charter of Institute of Technology.

83. Service of documents.

PART 10

Transitional and Savings Provisions for Act of 1999 and Amendments of other Acts

84. Transitional and savings provision for Act of 1999.

85. Transition for appeals under Act of 1999.

86. Amendments of other Acts.

SCHEDULE 1

Qualifications and Quality Assurance Authority of Ireland

SCHEDULE 2

PART 1

Acts Repealed

PART 2

Statutory Instrument Revoked

SCHEDULE 3

Amendments of other Acts

Acts Referred to

Adoptive Leave Acts 1995 and 2005

Building Control Act 2007

2007, No. 21

Carer’s Leave Act 2001

2001, No. 19

Companies Act 1990

1990, No. 33

Companies Acts

Comptroller and Auditor General (Amendment) Act 1993

1993, No. 8

Education Act 1998

1998, No. 51

Ethics in Public Office Act 1995

1995, No. 22

European Parliament Elections Act 1997

1997, No. 2

Finance Act 2001

2001, No. 7

Freedom of Information Act 1997

1997, No. 13

Higher Education Authority Act 1971

1971, No. 22

Institutes of Technology Act 2006

2006, No. 25

Institutes of Technology Acts 1992 to 2006

Irish Universities Act 1908

(8 Edw. 7.) c. 38

Labour Services Act 1987

1987, No. 15

Maternity Protection Acts 1994 and 2004

Minimum Notice and Terms of Employment Acts 1973 to 2005

Organisation of Working Time Act 1997

1997, No. 20

Parental Leave Acts 1998 and 2006

Petty Sessions (Ireland) Act 1851

14 & 15 Vic., c. 93

Protection of Employees (Fixed-Term) Work Act 2003

2003, No. 29

Protection of Employees (Part-Time Work) Act 2001

2001, No. 45

Qualifications (Education and Training) Act 1999

1999, No. 26

Redundancy Payments Acts 1967 to 2007

Regional Technical Colleges Act 1992

1992, No. 16

Taxes Consolidation Act 1997

1997, No. 39

Teaching Council Act 2001

2001, No. 8

Terms of Employment (Information) Acts 1994 and 2001

The Royal College of Surgeons in Ireland (Charters Amendment) Act 2003

2003, No. 1 (Private)

Unfair Dismissals Acts 1977 to 2007

Universities Act 1997

1997, No. 24

Vocational Education Act 1930

1930, No. 29

Number

2012

QUALIFICATIONS AND QUALITY ASSURANCE (EDUCATION AND TRAINING) ACT 2012

REVISED

Updated to 1 January 2026

AN ACT TO PROVIDE FOR THE ESTABLISHMENT OF A BODY KNOWN IN THE IRISH LANGUAGE AS

ÚDARÁS NA hÉIREANN UM CHÁILÍOCHTAÍ AGUS DEARBHÚ CÁILÍOCHTA OR IN THE ENGLISH LANGUAGE THE QUALIFICATIONS AND QUALITY ASSURANCE AUTHORITY

OF IRELAND; TO DEFINE ITS FUNCTIONS; TO PROVIDE FOR THE DISSOLUTION OF THE NATIONAL

QUALIFICATIONS AUTHORITY OF IRELAND, THE HIGHER EDUCATION AND TRAINING AWARDS COUNCIL

AND THE FURTHER EDUCATION AND TRAINING AWARDS COUNCIL; TO REPEAL THE QUALIFICATIONS

(EDUCATION AND TRAINING) ACT 1999; TO AMEND THE HIGHER EDUCATION AUTHORITY ACT 1971,

THE REGIONAL TECHNICAL COLLEGES ACT 1992, THE FREEDOM OF INFORMATION ACT 1997, THE

UNIVERSITIES ACT 1997 AND CERTAIN OTHER ACTS; AND TO PROVIDE FOR MATTERS CONNECTED

THEREWITH.

[22

nd July

, 2012]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS

Annotations

Modifications (not altering text)

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 operation 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

...

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.

SCHEDULE

Article 3

Part 1

...

Qualifications and Quality Assurance (Education and Training) Act 2012 (No. 28 of

2012)

...

Function to be performed by Chief Executive of Quality and Qualifications Ireland

specified (23.07.2014) by

Protected Disclosures Act 2014 (Section 7(2)) Order 2014

(S.I. No. 339 of 2014), art. 2 and sch. ref. no. 62.

2. Each person specified in column (2) of the Schedule is hereby prescribed to be

the recipient of disclosures of relevant wrongdoings falling within the description

of matters specified in column (3) of the Schedule in relation to the person.

Schedule

Reference Number (1)

Prescribed Person (2)

Description of matters in respect of which the person is prescribed(3)

...

Chief Executive of Quality and Qualifications Ireland

All matters relating to quality assurance, validation of programmes of education and

training, the making of awards, the delegation of authority to make awards, the establishment

of the Code of Practice for the provision of programmes of education and training

to international learners and the authorisation to use the International Education

Mark, as provided for by the Qualifications and Quality Assurance (Education and Training)

Act 2012 (No. 28 of 2012).