(LRC Revised)

Number 31 of 2022

HIGHER EDUCATION AUTHORITY ACT 2022

REVISED

Updated to 1 August 2024

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

Higher Education Authority Act 2022

. 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

Courts, Civil Law, Criminal Law and

Superannuation (Miscellaneous Provisions) Act 2024

(30/2024), enacted 23 July

2024, and all statutory instruments up to and including the

Research and Innovation

Act 2024 (Commencement) Order 2024

(S.I. No. 373 of 2024), made 25 July 2024,

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

31

of

2022

HIGHER EDUCATION AUTHORITY ACT

2022

REVISED

Updated to 1 August

2024

CONTENTS

PART 1

Preliminary and general

Section

1. Short title and

commencement

2. Interpretation

3. Regulations and orders

4. Expenses

5. Repeals, revocations and

savers

6. Offences

PART 2

An tÚdarás um Ard-Oideachas

Chapter 1

Continuance in being and functions of An

tÚdarás

7. An tÚdarás um

Ard-Oideachas

8. Objects of An

tÚdarás

9. Functions of An

tÚdarás

10. Consultants and

advisers

Chapter 2

Ministerial powers and information

11. Power of Minister to give

directions to An tÚdarás

12. Power of Minister to issue

guidelines to An tÚdarás

13. Reports and information to

Minister

14. Advice to Minister

Chapter 3

Board of An tÚdarás

15. Board of An

tÚdarás

16. Membership of Board of An

tÚdarás

Chapter 4

Administrative co-operation with other bodies

17. Administrative co-operation

with other bodies

18. Co-operation between An

tÚdarás and An tSeirbhís regarding apprenticeships

Chapter 5

Funding and accountability of An tÚdarás

19. Advances to An

tÚdarás

20. Corporate plan of An

tÚdarás

21. Annual plan of An

tÚdarás

22. Accounts of An

tÚdarás

23. Annual report of An

tÚdarás

24. Gifts to An

tÚdarás

Chapter 6

Chief Executive Officer

25. Chief Executive

Officer

26. Functions of Chief Executive

Officer

27. Accountability of Chief

Executive Officer to Public Accounts Committee

28. Accountability of Chief

Executive Officer to other Oireachtas committees

Chapter 7

Staff of An tÚdarás

29. Staff of An

tÚdarás

30. Existing staff of An

tÚdarás

31. Superannuation for members of

staff of An tÚdarás

32. Prohibition on unauthorised

disclosure by members of staff of An tÚdarás of confidential

information

PART 3

Strategic planning for tertiary education and provision of funding

for higher education

Chapter 1

Strategic planning for tertiary education and performance of higher

education providers

33. Strategy for tertiary

education

34. Planning for provision of

higher education

35. Performance

framework

36. Performance agreements with

designated institutions of higher education

Chapter 2

Provision of funding by An tÚdarás

37. Provision of funding by An

tÚdarás

38. Conditions of

funding

39. Information from other bodies

relating to funding

40. Compliance with conditions of

funding

41. Directions of Chief Executive

Officer following assessment of compliance with conditions of funding

42. Remedial and other measures

following assessment of compliance with conditions of funding

PART 4

Students

43. Engagement with

students

44. National student

engagement

45. Student surveys

PART 5

Access, participation and lifelong learning

46. Equity of access, participation

and promotion of success

47. Lifelong and flexible

learning

PART 6

Data protection

48. Supply of non-personal

data

49. Supply of personal

data

50. Furnishing of non-personal

data

51. Furnishing of personal

data

52. Research by An

tÚdarás

PART 7

Designated institutions of higher education

Chapter 1

Designated institutions of higher education

53. Designated institutions of

higher education

Chapter 2

Designation by order of certain higher education providers as

designated institutions of higher education

54. Designation by order of higher

education provider as designated institution of higher education

55. Conditions to be complied with

for making of designation order

56. Continuing obligation to comply

with conditions for designation

57. Review of compliance with

conditions for designation

58. Directions of An

tÚdarás following review of compliance with conditions for

designation

59. Revocation of designation

order

60. Use of title “designated

institution of higher education”

Chapter 3

Obligations of certain designated institutions of higher education

and higher education providers

61. Strategic development plan of

certain designated institutions of higher education

62. Equality statement of certain

designated institutions of higher education

63. Accounts of certain higher

education providers

PART 8

Oversight by An tÚdarás of designated institutions of

higher education

64. Review of matter and report to

An tÚdarás

65. Determination of matter by

Chief Executive Officer

66. Remedial and other

measures

67. Furnishing of information to

other bodies

68. Appointment of reviewer of

designated institution of higher education

PART 9

Appeals

69. Appeals board

70. Determination of appeal by

appeals board

71. Appeal procedures

PART 10

Amendments of Universities Act 1997

72. Amendment of section 4(1) of

Act of 1997

73. Composition of governing

authority of university

74. Provisions relating to Trinity

College, Dublin

75. Chairperson of governing

authority

76. Amendment of section 18 of Act

of 1997

77. Review of matter and report by

governing authority of university

78. Transitional arrangements for

membership and chairperson of governing authority

79. Amendment of section 33(2) of

Act of 1997

80. Amendment of section 34 of Act

of 1997

81. Amendment of section 36 of Act

of 1997

82. Amendment of section 37 of Act

of 1997

83. Amendment of Third Schedule to

Act of 1997

84. Amendment of Fourth Schedule to

Act of 1997

PART 11

Amendment of Technological Universities Act 2018

85. Amendment of section 2 of Act

of 2018

86. Amendment of section 3 of Act

of 2018

87. Amendment of section 7 of Act

of 2018

88. Amendment of section 8(1) of

Act of 2018

89. Amendment of section 11 of Act

of 2018

90. Membership of governing body of

technological university

91. Transitional arrangements for

membership and chairperson of governing body

92. Amendment of section 18 of Act

of 2018

93. Amendment of section 19 of Act

of 2018

94. Amendment of section 22(3) of

Act of 2018

95. Amendment of section 25 of Act

of 2018

96. Review of matter and report by

governing body of technological university

97. Joint application of higher

education provider and technological university

98. Amendment of section 45(1) of

Act of 2018

99. Amendment of section 47 of Act

of 2018

100. Amendment of section 59 of

Act of 2018

101. Amendment of section 60 of

Act of 2018

102. Amendment of section 61 of

Act of 2018

103. Amendment of section 62 of

Act of 2018

104. Amendment of Schedule 1 to

Act of 2018

105. Application deemed to be

made under Chapter 12 of Part 2 of Act of 2018 in certain circumstances

PART 12

Amendment of Regional Technical Colleges Act 1992 and Regional

Technical Colleges (Amendment) Act 1994

106. Amendment of section 2 of

Act of 1992

107. Amendment of section 3(5) of

Act of 1992

108. Amendment of section 5(1) of

Act of 1992

109. Governing bodies of

colleges

110. Transitional arrangements

for membership and chairperson of governing bodies

111. Amendment of section 7 of

Act of 1992

112. Amendment of section 21C of

Act of 1992

113. Amendment of section 21D of

Act of 1992

114. Review of matter and report

by governing body of college

115. Amendment of Second Schedule

to Act of 1992

116. Amendment of section 2(1) of

Regional Technical Colleges (Amendment) Act 1994

PART 13

Amendment of National College of Art and Design Act 1971

117. Amendment of section 1(1) of

Act of 1971

118. Amendment of section 4(2) of

Act of 1971

119. Amendment of section 5 of

Act of 1971

120. Academic freedom

121. Amendment of section 7 of

Act of 1971

122. Amendment of section 10 of

Act of 1971

123. Amendment of section 13 of

Act of 1971

124. Amendment of section 15 of

Act of 1971

125. Review of matter and report

by An Bord

126. Amendment of section 17 of

Act of 1971

127. Academic council of college

and its functions

128. Strategic development plan

of College

129. Equality statement of

College

130. Provisions relating to

Director of College

PART 14

Amendment of Housing Finance Agency Act 1981

131. Amendment of Housing Finance

Agency Act 1981

PART 15

Amendment of Student Support Act 2011 and related

provisions

132. Awarding and payment of

bursaries and scholarships to students

133. Amendment of section 2 of

Act of 2011

134. Amendment of section 12 of

Act of 2011

135. Amendment of section 28 of

Act of 2011

136. Schedule 3 to Act of

2011

PART 16

Amendment of Industrial Training Act 1967

137. Amendment of section 2 of

Industrial Training Act 1967

138. Amendment of section 23(2)

of Industrial Training Act 1967

PART 17

Amendment of Social Welfare Consolidation Act 2005

139. Amendment of section 266 of

Social Welfare Consolidation Act 2005

PART 18

Amendment of National Treasury Management Agency (Amendment) Act

2014

140. Amendment of section 26(1)

of National Treasury Management Agency (Amendment) Act 2014

PART 19

Miscellaneous provisions

141. Names of designated

institutions of higher education

142. Provision of assistance by

An tÚdarás

143. Guidelines, codes and

policies

144. Service of

notices

145. Consequential amendments of

enactments

SCHEDULE 1

Part 1

Enactments Repealed

Part 2

Enactments Revoked

SCHEDULE 2

Board of An tÚdarás

SCHEDULE 3

Superannuation

SCHEDULE 4

Consequential amendments of enactments

Acts Referred to

Charities Act 2009

(No. 6)

Child and Family Agency Act 2013

(No. 40)

Companies Act 1990

(No. 33)

Companies Act 2014

(No. 38)

Comptroller and Auditor General

(Amendment) Act 1993

(No. 8)

Data Protection Act 2018

(No.

7)

Data Sharing and Governance Act

2019

(No. 5)

Dublin City University Act 1989

(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)

Gaeltacht Act 2012

(No. 34)

Higher Education Authority Act 1971

(No. 22)

Housing Finance Agency Act 1981

(No. 37)

Industrial Training Act 1967

(No.

5)

Institutes of Technology Acts

1992 to 2006

Local Government Act 2001

(No.

37)

National College of Art and Design Act

1971

(No. 28)

National Treasury Management Agency

(Amendment) Act 2014

(No. 23)

Protected Disclosures Act 2014

(No.

14)

Public Service Pensions (Single Scheme and

Other Provisions) Act 2012

(No. 37)

Qualifications and Quality Assurance

(Education and Training) Act 2012

(No. 28)

Regional Technical Colleges (Amendment)

Act 1994

(No. 29)

Regional Technical Colleges Act

1992

(No. 16)

Social Welfare Consolidation Act

2005

(No. 26)

Student Support Act 2011

(No.

4)

Technological Universities Act 2018

(No. 3)

The Trinity College, Dublin (Charters and

Letters Patent Amendment) Act 2000

(No. 1) (Private)

Universities Act 1997

(No. 24)

University of Limerick Act 1989

(No. 14)

Number

31

of

2022

HIGHER EDUCATION AUTHORITY ACT

2022

REVISED

Updated to 1 August 2024

An Act to provide for changes to

the functions and governance of An tÚdarás um Ard‑Oideachas and the oversight

by it of higher education providers which are designated institutions of higher education

under this Act; to provide for the preparation, review and amendment of a strategy

for

tertiary education; to provide for better engagement with students and equity of access

to,

and participation and the promotion of success in, higher education and lifelong and

flexible learning; to provide for the designation of certain higher education providers

as

designated institutions of higher education and, if appropriate, the removal of such

designation in certain circumstances; to amend the provisions regarding the composition

of

the governing authorities or governing bodies of certain designated institutions of

higher

education, including the Supplemental Letters Patent of 1911 in respect of Trinity

College,

Dublin; for those purposes, to repeal and replace the

Higher Education Authority Act 1971

and to amend the

Universities Act 1997

, the

Technological Universities Act 2018

, the

Regional Technical

Colleges Act 1992

, the

Regional Technical Colleges (Amendment) Act 1994

, the

National

College of Art and Design Act 1971

, the

Housing Finance Agency Act 1981

, the

Student Support

Act 2011

, the

Industrial Training Act 1967

, the

Social Welfare Consolidation Act 2005

,

the

Qualifications

and Quality Assurance (Education and Training) Act 2012

and the

National Treasury

Management Agency (Amendment) Act 2014

; and to provide for related matters.

[12

th October

, 2022]

Be it enacted by the Oireachtas

as follows

Annotations

Editorial Notes

E1

References to "Science

Foundation Ireland" construed as "Taighde Éireann" (1.08.2024) by

Research and

Innovation Act 2024

(15/2024), s. 61, S.I. No. 373 of 2024.

Annotations

Editorial Notes

E1

References to "Science

Foundation Ireland" construed as "Taighde Éireann" (1.08.2024) by

Research and

Innovation Act 2024

(15/2024), s. 61, S.I. No. 373 of 2024.

CONTENTS

PART 1

Preliminary and general

Section

1. Short title and

commencement

2. Interpretation

3. Regulations and orders

4. Expenses

5. Repeals, revocations and

savers

6. Offences

PART 2

An tÚdarás um Ard-Oideachas

Chapter 1

Continuance in being and functions of An

tÚdarás

7. An tÚdarás um

Ard-Oideachas

8. Objects of An

tÚdarás

9. Functions of An

tÚdarás

10. Consultants and

advisers

Chapter 2

Ministerial powers and information

11. Power of Minister to give

directions to An tÚdarás

12. Power of Minister to issue

guidelines to An tÚdarás

13. Reports and information to

Minister

14. Advice to Minister

Chapter 3

Board of An tÚdarás

15. Board of An

tÚdarás

16. Membership of Board of An

tÚdarás

Chapter 4

Administrative co-operation with other bodies

17. Administrative co-operation

with other bodies

18. Co-operation between An

tÚdarás and An tSeirbhís regarding apprenticeships

Chapter 5

Funding and accountability of An tÚdarás

19. Advances to An

tÚdarás

20. Corporate plan of An

tÚdarás

21. Annual plan of An

tÚdarás

22. Accounts of An

tÚdarás

23. Annual report of An

tÚdarás

24. Gifts to An

tÚdarás

Chapter 6

Chief Executive Officer

25. Chief Executive

Officer

26. Functions of Chief Executive

Officer

27. Accountability of Chief

Executive Officer to Public Accounts Committee

28. Accountability of Chief

Executive Officer to other Oireachtas committees

Chapter 7

Staff of An tÚdarás

29. Staff of An

tÚdarás

30. Existing staff of An

tÚdarás

31. Superannuation for members of

staff of An tÚdarás

32. Prohibition on unauthorised

disclosure by members of staff of An tÚdarás of confidential

information

PART 3

Strategic planning for tertiary education and provision of funding

for higher education

Chapter 1

Strategic planning for tertiary education and performance of higher

education providers

33. Strategy for tertiary

education

34. Planning for provision of

higher education

35. Performance

framework

36. Performance agreements with

designated institutions of higher education

Chapter 2

Provision of funding by An tÚdarás

37. Provision of funding by An

tÚdarás

38. Conditions of

funding

39. Information from other bodies

relating to funding

40. Compliance with conditions of

funding

41. Directions of Chief Executive

Officer following assessment of compliance with conditions of funding

42. Remedial and other measures

following assessment of compliance with conditions of funding

PART 4

Students

43. Engagement with

students

44. National student

engagement

45. Student surveys

PART 5

Access, participation and lifelong learning

46. Equity of access, participation

and promotion of success

47. Lifelong and flexible

learning

PART 6

Data protection

48. Supply of non-personal

data

49. Supply of personal

data

50. Furnishing of non-personal

data

51. Furnishing of personal

data

52. Research by An

tÚdarás

PART 7

Designated institutions of higher education

Chapter 1

Designated institutions of higher education

53. Designated institutions of

higher education

Chapter 2

Designation by order of certain higher education providers as

designated institutions of higher education

54. Designation by order of higher

education provider as designated institution of higher education

55. Conditions to be complied with

for making of designation order

56. Continuing obligation to comply

with conditions for designation

57. Review of compliance with

conditions for designation

58. Directions of An

tÚdarás following review of compliance with conditions for

designation

59. Revocation of designation

order

60. Use of title “designated

institution of higher education”

Chapter 3

Obligations of certain designated institutions of higher education

and higher education providers

61. Strategic development plan of

certain designated institutions of higher education

62. Equality statement of certain

designated institutions of higher education

63. Accounts of certain higher

education providers

PART 8

Oversight by An tÚdarás of designated institutions of

higher education

64. Review of matter and report to

An tÚdarás

65. Determination of matter by

Chief Executive Officer

66. Remedial and other

measures

67. Furnishing of information to

other bodies

68. Appointment of reviewer of

designated institution of higher education

PART 9

Appeals

69. Appeals board

70. Determination of appeal by

appeals board

71. Appeal procedures

PART 10

Amendments of Universities Act 1997

72. Amendment of section 4(1) of

Act of 1997

73. Composition of governing

authority of university

74. Provisions relating to Trinity

College, Dublin

75. Chairperson of governing

authority

76. Amendment of section 18 of Act

of 1997

77. Review of matter and report by

governing authority of university

78. Transitional arrangements for

membership and chairperson of governing authority

79. Amendment of section 33(2) of

Act of 1997

80. Amendment of section 34 of Act

of 1997

81. Amendment of section 36 of Act

of 1997

82. Amendment of section 37 of Act

of 1997

83. Amendment of Third Schedule to

Act of 1997

84. Amendment of Fourth Schedule to

Act of 1997

PART 11

Amendment of Technological Universities Act 2018

85. Amendment of section 2 of Act

of 2018

86. Amendment of section 3 of Act

of 2018

87. Amendment of section 7 of Act

of 2018

88. Amendment of section 8(1) of

Act of 2018

89. Amendment of section 11 of Act

of 2018

90. Membership of governing body of

technological university

91. Transitional arrangements for

membership and chairperson of governing body

92. Amendment of section 18 of Act

of 2018

93. Amendment of section 19 of Act

of 2018

94. Amendment of section 22(3) of

Act of 2018

95. Amendment of section 25 of Act

of 2018

96. Review of matter and report by

governing body of technological university

97. Joint application of higher

education provider and technological university

98. Amendment of section 45(1) of

Act of 2018

99. Amendment of section 47 of Act

of 2018

100. Amendment of section 59 of

Act of 2018

101. Amendment of section 60 of

Act of 2018

102. Amendment of section 61 of

Act of 2018

103. Amendment of section 62 of

Act of 2018

104. Amendment of Schedule 1 to

Act of 2018

105. Application deemed to be

made under Chapter 12 of Part 2 of Act of 2018 in certain circumstances

PART 12

Amendment of Regional Technical Colleges Act 1992 and Regional

Technical Colleges (Amendment) Act 1994

106. Amendment of section 2 of

Act of 1992

107. Amendment of section 3(5) of

Act of 1992

108. Amendment of section 5(1) of

Act of 1992

109. Governing bodies of

colleges

110. Transitional arrangements

for membership and chairperson of governing bodies

111. Amendment of section 7 of

Act of 1992

112. Amendment of section 21C of

Act of 1992

113. Amendment of section 21D of

Act of 1992

114. Review of matter and report

by governing body of college

115. Amendment of Second Schedule

to Act of 1992

116. Amendment of section 2(1) of

Regional Technical Colleges (Amendment) Act 1994

PART 13

Amendment of National College of Art and Design Act 1971

117. Amendment of section 1(1) of

Act of 1971

118. Amendment of section 4(2) of

Act of 1971

119. Amendment of section 5 of

Act of 1971

120. Academic freedom

121. Amendment of section 7 of

Act of 1971

122. Amendment of section 10 of

Act of 1971

123. Amendment of section 13 of

Act of 1971

124. Amendment of section 15 of

Act of 1971

125. Review of matter and report

by An Bord

126. Amendment of section 17 of

Act of 1971

127. Academic council of college

and its functions

128. Strategic development plan

of College

129. Equality statement of

College

130. Provisions relating to

Director of College

PART 14

Amendment of Housing Finance Agency Act 1981

131. Amendment of Housing Finance

Agency Act 1981

PART 15

Amendment of Student Support Act 2011 and related

provisions

132. Awarding and payment of

bursaries and scholarships to students

133. Amendment of section 2 of

Act of 2011

134. Amendment of section 12 of

Act of 2011

135. Amendment of section 28 of

Act of 2011

136. Schedule 3 to Act of

2011

PART 16

Amendment of Industrial Training Act 1967

137. Amendment of section 2 of

Industrial Training Act 1967

138. Amendment of section 23(2)

of Industrial Training Act 1967

PART 17

Amendment of Social Welfare Consolidation Act 2005

139. Amendment of section 266 of

Social Welfare Consolidation Act 2005

PART 18

Amendment of National Treasury Management Agency (Amendment) Act

2014

140. Amendment of section 26(1)

of National Treasury Management Agency (Amendment) Act 2014

PART 19

Miscellaneous provisions

141. Names of designated

institutions of higher education

142. Provision of assistance by

An tÚdarás

143. Guidelines, codes and

policies

144. Service of

notices

145. Consequential amendments of

enactments

SCHEDULE 1

Part 1

Enactments Repealed

Part 2

Enactments Revoked

SCHEDULE 2

Board of An tÚdarás

SCHEDULE 3

Superannuation

SCHEDULE 4

Consequential amendments of enactments

Number

31

of

2022