(LRC Revised)

Number 3 of 2018

TECHNOLOGICAL UNIVERSITIES ACT 2018

REVISED

Updated to 1 November 2023

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

Technological Universities Act 2018

. 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

Screening of Third Country Transactions

Act 2023

(28/2023), enacted 31 October 2023, and all statutory instruments up to

and including the

European Union (Restrictive Measures concerning Sudan) Regulations

2023

(S.I. No. 535 of 2023), made 2 November 2023, 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

3

of

2018

TECHNOLOGICAL UNIVERSITIES ACT

2018

REVISED

Updated to 1 November

2023

CONTENTS

PART 1

Preliminary and General

Section

1. Short title and commencement

2. Interpretation

3. Orders

4. Expenses of Minister

5. Offences

6. Amendments and repeals

consequent upon orders of Minister

PART 2

Technological University

Chapter 1

Definitions for Part 2

7. Definitions for Part 2

Chapter 2

Functions of technological university

8. Technological university

9. Functions of technological

university

10. Academic freedom

Chapter 3

Governance of technological university

11. Governing body of

technological university

12. Membership of governing

body of technological university

12A. Transitional arrangements

for membership and chairperson of governing body

Chapter 4

Staff of technological university

13. President of technological

university

14. Staff of technological

university

15. Superannuation of staff of

technological university

Chapter 5

Academic council of technological university

16. Academic council of

technological university

17. Functions of academic

council

Chapter 6

Plans and Statements

18. Strategic development

plan

19. Equality statement

Chapter 7

Finance, property and reporting

20. Budgets of technological

university

21. Borrowing, guaranteeing and

underwriting

22. Accounts of technological

university

23. Annual report

24. Fees

25. Power to establish, or

acquire, hold or dispose of shares in, companies

Chapter 8

Investigation and information

26. Investigator and report

(Repealed)

27. Information requested by

Minister

27A. Review of matter and

report by governing body of technological university

Chapter 9

Application to become technological university

28. Eligibility criteria

29. Application for order under

section 36

30. Requirements on application

under section 29

31. Advisory panel for purpose

of application under section 29

32. Report of advisory panel to

An tÚdarás

33. Report of An

tÚdarás to Minister

34. Decision on application

under section 29

35. Conditions for compliance

with all eligibility criteria

Chapter 10

Establishment of a technological university

36. Order establishing

technological university

37. Transfer of functions from

applicant institutes to technological university

Chapter 11

Joint application of institute of technology and technological

university

38. Application for order under

section 43

39. Requirements on application

under section 38

40. Advisory panel for purpose

of application under section 38

41. Matters to which Minister

shall have regard on application under section 38

42. Decision on application

under section 38

43. Order dissolving applicant

college

44. Transfer of functions from

applicant college to technological university

Chapter 12

Joint application of higher education provider and technological

university

44A. Application for order

under section 44F

44B. Requirements on

application under section 44A

44C. Advisory panel for

purposes of application under section 44A

44D. Matters to which Minister

shall have regard on application under section 44A

44E. Decision on application

under section 44A

44F. Order for business and

operation of higher education provider or part thereof to become and form part of

technological university

PART 3

Appeals

45. Appeals board

46. Appeal

PART 4

Transitional and Consequential Provisions

Chapter 1

Definitions for Chapters 2 and 3 of Part 4

47. Definitions for Chapters 2

and 3 of Part 4

Chapter 2

General transitional provisions consequent upon order under Part

2

48. Transfer of land and other

property to technological university

49. Transfer of rights and

liabilities and continuation of leases, licences and permissions to technological

university

50. Liability for loss

occurring before appointed day

51. Provisions consequent upon

transfer of functions, assets and liabilities to technological university

52. Final accounts and final

report of dissolved body

53. Transfer of staff to

technological university

54. Superannuation

Chapter 3

Arrangements consequent upon order under Part 2

55. Arrangements for first

governing body following order under Part 2

56. First president following

order under section 36

57. Arrangements for Director

or president of a dissolved body following order under Part 2

58. Arrangements for certain

governing bodies following order under section 43

(Repealed)

59. Continuation of programmes

of education and training following order under Part 2

60. Arrangements relating to

international education mark following order under Part 2

61. Arrangements relating to

quality assurance and access, transfer and progression procedures following order

under

Part 2

62. Arrangements for suspension

or dismissal of staff following order under Part 2

63. Arrangements for academic

council following order under Part 2

64. Arrangements for certain

procedures where order under Part 2

PART 5

Amendment of Dublin Institute of Technology Act 1992, Dublin

Institute of Technology (Amendment) Act 1994, Act of 1992, Regional Technical

Colleges (Amendment) Act 1994 and Other Enactments

Chapter 1

Amendment of Dublin Institute of Technology Act 1992, Dublin

Institute of Technology (Amendment) Act 1994 and other enactments

65. Amendment of section 2 of

Dublin Institute of Technology Act 1992

66. Offences

67. Amendment of section 3 of

Dublin Institute of Technology Act 1992

68. Governing Body

69. Amendment of section 7 of

Dublin Institute of Technology Act 1992

70. Amendment of section 11 of

Dublin Institute of Technology Act 1992

71. Amendment of section 12A of

Dublin Institute of Technology Act 1992

72. Amendment of dismissal

arrangements for certain staff of Dublin Institute of Technology

73. Amendment of section 14 of

Dublin Institute of Technology Act 1992

74. Amendment of section 15 of

Dublin Institute of Technology Act 1992

75. Investigator and report

76. Amendment of Second

Schedule to Dublin Institute of Technology Act 1992

77. Amendment of Third Schedule

to Dublin Institute of Technology Act 1992

78. Amendment of Dublin

Institute of Technology (Amendment) Act 1994

79. Repeal of section 4 of

Dublin Institute of Technology (Amendment) Act 1994

Chapter 2

Amendment of Act of 1992, Regional Technical Colleges (Amendment) Act

1994 and other enactments

80. Amendment of section 2 of

Act of 1992

81. Offences

82. Governing bodies

(Repealed)

83. Transitional arrangements

consequent upon section 82

(Repealed)

84. Amendment of section 7 of

Act of 1992

(Repealed)

85. Amendment of section 10 of

Act of 1992

86. Amendment of section 11A of

Act of 1992

87. Amendment of dismissal

arrangements for certain staff of colleges

88. Amendment of section 13 of

Act of 1992

89. Amendment of section 14 of

Act of 1992

90. Investigator and report

91. Amendment of Second

Schedule to Act of 1992

(Repealed)

92. Amendment of Third Schedule

to Act of 1992

93. Amendment of section 2 of

Regional Technical Colleges (Amendment) Act 1994

94. Repeal of section 4 of

Regional Technical Colleges (Amendment) Act 1994

PART 6

Amendment of Certain Enactments

95. Amendment of Higher

Education Authority Act 1971

96. Amendment of Student

Support Act 2011

97. Amendment of Qualifications

and Quality Assurance (Education and Training) Act 2012

PART 7

Amendment of Certain Enactments to Provide for Investigation and

Information

Chapter 1

Amendment of Act of 1940

98. Investigator and report

99. Information requested by

Minister

Chapter 2

Amendment of Act of 1971

100. Investigator and

report

101. Amendment of section 16 of

Act of 1971

SCHEDULE 1

Governing Body of Technological University

SCHEDULE 2

President of Technological University

Acts Referred to

Adoptive Leave Acts 1995 and

2005

Carer’s Leave Act 2001

(No. 19)

Companies Act 2014 (No. 38)

Comptroller and Auditor General

(Amendment) Act 1993 (No. 8)

Credit Institutions

(Stabilisation) Act 2010 (No. 36)

Dublin Institute of Technology

(Amendment) Act 1994 (No. 31)

Dublin Institute of Technology

Act 1992 (No. 15)

Education and Training Boards

Act 2013 (No. 11)

Ethics in Public Office Act

1995 (No. 22)

European Parliament Elections

Act 1997 (No. 2)

Higher Education Authority Act

1971 (No. 22)

Institute for Advanced Studies

Act 1940 (No. 13)

Local Government Act 2001 (No.

37)

Maternity Protection Acts 1994

and 2004

Minimum Notice and Terms of

Employment Acts 1973 to 2005

National College of Art and

Design Act 1971 (No. 28)

Organisation of Working Time

Act 1997 (No. 20)

Parental Leave Acts 1998 and

2006

Protection of Employees

(Fixed-Term Work) Act 2003 (No. 29)

Protection of Employees

(Part-Time Work) Act 2001 (No. 45)

Public Service Pensions (Single

Scheme and Other Provisions) Act 2012 (No. 37)

Qualifications and Quality

Assurance (Education and Training) Act 2012 (No. 28)

Redundancy Payments Acts 1967

to 2014

Regional Technical Colleges

(Amendment) Act 1994 (No. 29)

Regional Technical Colleges Act

1992 (No. 16)

Student Support Act 2011 (No.

4)

Terms of Employment

(Information) Acts 1994 to 2012

Terms of Employment

(Information) Acts 1994 to 2014

Unfair Dismissals Acts 1977 to

2015

Universities Act 1997 (No.

24)

Vocational Education

(Amendment) Act 1944 (No. 9)

Vocational Education Act 1930

(No. 29)

Number

3

of

2018

TECHNOLOGICAL UNIVERSITIES ACT

2018

REVISED

Updated to 1 November

2023

An Act to provide for the

establishment of technological universities; to provide for the functions and governance

of

technological universities; to provide for the dissolution, in certain circumstances,

of

institutes of technology and Dublin Institute of Technology and the transfer of their

functions, assets, liabilities and staff to technological universities; to provide

for the

reform of the governing authorities, and investigation into the performance of functions,

of institutes of technology and Dublin Institute of Technology; to provide for

investigation into the performance of functions of the Institute for Advanced Studies

and

its Constituent Schools and the National College of Art and Design; to provide for

the

consequential amendment of certain enactments and to provide for related matters.

[19

th March

, 2018]

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. part 1, 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

(

b

) ...

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

...

Technological Universities Act

2018 (No. 3 of 2018)

...

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. part 1, 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

(

b

) ...

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

...

Technological Universities Act

2018 (No. 3 of 2018)

...

CONTENTS

PART 1

Preliminary and General

Section

1. Short title and commencement

2. Interpretation

3. Orders

4. Expenses of Minister

5. Offences

6. Amendments and repeals

consequent upon orders of Minister

PART 2

Technological University

Chapter 1

Definitions for Part 2

7. Definitions for Part 2

Chapter 2

Functions of technological university

8. Technological university

9. Functions of technological

university

10. Academic freedom

Chapter 3

Governance of technological university

11. Governing body of

technological university

12. Membership of governing

body of technological university

12A. Transitional arrangements

for membership and chairperson of governing body

Chapter 4

Staff of technological university

13. President of technological

university

14. Staff of technological

university

15. Superannuation of staff of

technological university

Chapter 5

Academic council of technological university

16. Academic council of

technological university

17. Functions of academic

council

Chapter 6

Plans and Statements

18. Strategic development

plan

19. Equality statement

Chapter 7

Finance, property and reporting

20. Budgets of technological

university

21. Borrowing, guaranteeing and

underwriting

22. Accounts of technological

university

23. Annual report

24. Fees

25. Power to establish, or

acquire, hold or dispose of shares in, companies

Chapter 8

Investigation and information

26. Investigator and report

(Repealed)

27. Information requested by

Minister

27A. Review of matter and

report by governing body of technological university

Chapter 9

Application to become technological university

28. Eligibility criteria

29. Application for order under

section 36

30. Requirements on application

under section 29

31. Advisory panel for purpose

of application under section 29

32. Report of advisory panel to

An tÚdarás

33. Report of An

tÚdarás to Minister

34. Decision on application

under section 29

35. Conditions for compliance

with all eligibility criteria

Chapter 10

Establishment of a technological university

36. Order establishing

technological university

37. Transfer of functions from

applicant institutes to technological university

Chapter 11

Joint application of institute of technology and technological

university

38. Application for order under

section 43

39. Requirements on application

under section 38

40. Advisory panel for purpose

of application under section 38

41. Matters to which Minister

shall have regard on application under section 38

42. Decision on application

under section 38

43. Order dissolving applicant

college

44. Transfer of functions from

applicant college to technological university

Chapter 12

Joint application of higher education provider and technological

university

44A. Application for order

under section 44F

44B. Requirements on

application under section 44A

44C. Advisory panel for

purposes of application under section 44A

44D. Matters to which Minister

shall have regard on application under section 44A

44E. Decision on application

under section 44A

44F. Order for business and

operation of higher education provider or part thereof to become and form part of

technological university

PART 3

Appeals

45. Appeals board

46. Appeal

PART 4

Transitional and Consequential Provisions

Chapter 1

Definitions for Chapters 2 and 3 of Part 4

47. Definitions for Chapters 2

and 3 of Part 4

Chapter 2

General transitional provisions consequent upon order under Part

2

48. Transfer of land and other

property to technological university

49. Transfer of rights and

liabilities and continuation of leases, licences and permissions to technological

university

50. Liability for loss

occurring before appointed day

51. Provisions consequent upon

transfer of functions, assets and liabilities to technological university

52. Final accounts and final

report of dissolved body

53. Transfer of staff to

technological university

54. Superannuation

Chapter 3

Arrangements consequent upon order under Part 2

55. Arrangements for first

governing body following order under Part 2

56. First president following

order under section 36

57. Arrangements for Director

or president of a dissolved body following order under Part 2

58. Arrangements for certain

governing bodies following order under section 43

(Repealed)

59. Continuation of programmes

of education and training following order under Part 2

60. Arrangements relating to

international education mark following order under Part 2

61. Arrangements relating to

quality assurance and access, transfer and progression procedures following order

under

Part 2

62. Arrangements for suspension

or dismissal of staff following order under Part 2

63. Arrangements for academic

council following order under Part 2

64. Arrangements for certain

procedures where order under Part 2

PART 5

Amendment of Dublin Institute of Technology Act 1992, Dublin

Institute of Technology (Amendment) Act 1994, Act of 1992, Regional Technical

Colleges (Amendment) Act 1994 and Other Enactments

Chapter 1

Amendment of Dublin Institute of Technology Act 1992, Dublin

Institute of Technology (Amendment) Act 1994 and other enactments

65. Amendment of section 2 of

Dublin Institute of Technology Act 1992

66. Offences

67. Amendment of section 3 of

Dublin Institute of Technology Act 1992

68. Governing Body

69. Amendment of section 7 of

Dublin Institute of Technology Act 1992

70. Amendment of section 11 of

Dublin Institute of Technology Act 1992

71. Amendment of section 12A of

Dublin Institute of Technology Act 1992

72. Amendment of dismissal

arrangements for certain staff of Dublin Institute of Technology

73. Amendment of section 14 of

Dublin Institute of Technology Act 1992

74. Amendment of section 15 of

Dublin Institute of Technology Act 1992

75. Investigator and report

76. Amendment of Second

Schedule to Dublin Institute of Technology Act 1992

77. Amendment of Third Schedule

to Dublin Institute of Technology Act 1992

78. Amendment of Dublin

Institute of Technology (Amendment) Act 1994

79. Repeal of section 4 of

Dublin Institute of Technology (Amendment) Act 1994

Chapter 2

Amendment of Act of 1992, Regional Technical Colleges (Amendment) Act

1994 and other enactments

80. Amendment of section 2 of

Act of 1992

81. Offences

82. Governing bodies

(Repealed)

83. Transitional arrangements

consequent upon section 82

(Repealed)

84. Amendment of section 7 of

Act of 1992

(Repealed)

85. Amendment of section 10 of

Act of 1992

86. Amendment of section 11A of

Act of 1992

87. Amendment of dismissal

arrangements for certain staff of colleges

88. Amendment of section 13 of

Act of 1992

89. Amendment of section 14 of

Act of 1992

90. Investigator and report

91. Amendment of Second

Schedule to Act of 1992

(Repealed)

92. Amendment of Third Schedule

to Act of 1992

93. Amendment of section 2 of

Regional Technical Colleges (Amendment) Act 1994

94. Repeal of section 4 of

Regional Technical Colleges (Amendment) Act 1994

PART 6

Amendment of Certain Enactments

95. Amendment of Higher

Education Authority Act 1971

96. Amendment of Student

Support Act 2011

97. Amendment of Qualifications

and Quality Assurance (Education and Training) Act 2012

PART 7

Amendment of Certain Enactments to Provide for Investigation and

Information

Chapter 1

Amendment of Act of 1940

98. Investigator and report

99. Information requested by

Minister

Chapter 2

Amendment of Act of 1971

100. Investigator and

report

101. Amendment of section 16 of

Act of 1971

SCHEDULE 1

Governing Body of Technological University

SCHEDULE 2

President of Technological University

Number

3

of

2018