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24 1997

UNIVERSITIES ACT, 1997

Chapter II

Governance

Governing authority.

15. —(1) Subject to section 21 , each university shall have a governing authority established in accordance with this Act which shall be known by whatever name the governing authority decides.

(2) Subject to this Act, the functions of a university shall be performed by or on the directions of its governing authority.

(3) All acts and things done by a governing authority, or in the name of or on behalf of the university with the express or implied authority of the governing authority, shall be deemed to have been done by the university.

(4) The Third Schedule shall apply to the governing authority.

Composition of governing authority.

16. —(1) Subject to this Part, a governing authority shall consist of such members, being not less than 20 or more than 40, as determined in accordance with this Chapter.

(2) The members of the governing authority shall include—

(a) the chief officer,

(b) a person appointed under section 17 (3) as the chairperson (if so appointed),

(c) at least one but not more than two senior officers of the university having responsibility to the chief officer for academic, financial or administrative affairs, appointed by the governing authority, one of whom shall be the senior officer having responsibility for academic affairs, and

(d) the following members elected in accordance with regulations made under subsection (11):

(i) not less than two or more than six members of the academic staff of the university who are Professors or Associate Professors, elected by such staff;

(ii) not less than three or more than five permanent or full-time members of the other academic staff of the university elected by such staff;

(iii) at least one but not more than three permanent or full-time employees who are not members of the academic staff of the university elected by the non-academic staff;

(iv) not less than two or more than three students of the university who are elected officers of the Students Union or other student representative body in the university recognised by the governing authority, and

(v) one post-graduate student elected by the post-graduate students.

(3) Subject to subsection (7), in addition to the persons chosen and appointed pursuant to subsection (2), but included in the maximum number of members specified in subsection (1), there shall be—

(a) at least one but not more than four persons, chosen by a committee of the governing authority comprising the chief officer and two other members, from among nominations made by such organisations as are representative of employers, trade unions, agriculture, fisheries, community organisations, Irish language and Gaeltacht organisations, the professions, business and industry as the governing authority considers appropriate, of whom at least one shall be chosen from those nominated by organisations representative of business or industry,

(b) where by or under an Act there is established a body for a region in which the university is located a function of which is to advise the Minister in relation to the planning and co-ordination of education services at primary and post-primary levels, at least one but not more than two persons who are not members of the governing authority or employees of any other university, the Dublin Institute of Technology established by section 3 of the Dublin Institute of Technology Act, 1992 , or a regional technical college established by or in accordance with section 3 of the Regional Technical Colleges Act, 1992 ,

chosen by a committee of the governing authority constituted as provided in paragraph (a), from among persons nominated by that regional body, and

(c) subject to subsections (8) and (9), the same number of persons as chosen in accordance with paragraph (a), who shall be appointed by the governing authority on the nomination of the Minister, after consultation by the Minister with the chief officer.

(4) In addition to the members chosen and appointed pursuant to subsections (2) and (3), but included in the maximum number of members specified in subsection (1), a governing authority may have as members not more than—

(a) four persons appointed having particular regard to the extent to which artistic and cultural interests are represented among the members, and

(b) four graduates of the university, elected by such graduates and, in the case of a constituent university, graduates for the purposes of this subsection includes persons on whom a degree of the National University of Ireland was conferred as a result of their studies at the corresponding constituent college or Recognised College,

who, subject to subsection (7), shall be chosen and appointed as determined by the governing authority.

(5) In addition to the members chosen and appointed pursuant to subsections (2), (3) and (4), but included in the maximum number of members specified in subsection (1), the governing authorities shall appoint as members—

(a) in the case of Dublin City University—

(i) one person chosen by a committee of the governing authority comprising the chief officer and two other members, from among persons nominated for that purpose by the councils of the administrative counties of Fingal, South Dublin and Dún Laoghaire-Rathdown and the Corporation of Dublin county borough, and

(ii) at least one but not more than three persons chosen by a committee of the governing authority comprising the chief officer and two other members, from among persons nominated for that purpose by the Dublin City University Educational Trust or its successor body,

(b) in the case of the National University of Ireland, Cork—

(i) the Lord Mayor of Cork,

(ii) the Mayor of Waterford,

(iii) two persons nominated by the National University of Ireland, and

(iv) five persons elected by the councils of the administrative Counties of Cork, Waterford, Kerry, Limerick, Tipperary (North Riding) and Tipperary (South Riding),

(c) in the case of the National University of Ireland, Dublin—

(i) the Lord Mayor of Dublin,

(ii) two persons nominated by the National University of Ireland, and

(iii) eight persons elected by the members of the General Council of County Councils,

(d) in the case of the National University of Ireland, Galway—

(i) two persons nominated by the National University of Ireland, and

(ii) seven persons elected by the members of the Corporation of the County Borough of Galway and the councils of the administrative Counties of Galway, Mayo, Sligo, Clare, Leitrim and Roscommon,

(e) in the case of the National University of Ireland, Maynooth—

(i) two persons nominated by the National University of Ireland, and

(ii) three persons chosen by the chief officer from among persons nominated for that purpose by the Trustees for the time being of St. Patrick's College, Maynooth,

(f) in the case of Trinity College, not less than three or more than six fellows of Trinity College chosen as determined by the governing authority,

(g) in the case of the University of Limerick—

(i) the chairperson of the council of the administrative county of Limerick or a person nominated by him or her,

(ii) the Mayor of Limerick, and

(iii) at least one but not more than three persons chosen by a committee of the governing authority comprising the chief officer and two other members, from among persons nominated for that purpose by the University of Limerick Foundation or its successor body.

(6) Where an educational institution is associated with a university in accordance with an agreement between that institution and the university and that agreement provides that the governing authority of the university shall have as members employees or students of the institution then, in addition to the members chosen and appointed pursuant to subsections (2) to (5), but included in the maximum number of members specified in subsection (1), the governing authority shall include such members as are so provided for.

(7) Except in the case of a person appointed under subsection (4) where the governing authority has waived the restriction otherwise imposed by this subsection, a member referred to in subsection (3) or (4) shall not be an employee or a student of the university.

(8) Where immediately before the commencement of this Part a governing body (by whatever name known) of a university or constituent college contained members appointed by the Minister or the Government, the number of members of the governing authority to be appointed on the nomination of the Minister in accordance with subsection (3)(c) shall be not less than the number of persons so appointed and holding office immediately before the commencement of this Part, or three persons, whichever is the lesser number.

(9) In nominating persons for the purposes of subsection (3) (c), the Minister shall ensure that there are at least two members of the governing authority chosen or to be appointed under subsection (3) (a) or (c) who are nominated by organisations representative of business or industry or who, in the opinion of the Minister, are representative of business or industry.

(10) In performing its functions under this section a governing authority shall ensure that each sex is represented on the governing authority in accordance with such gender balance as may from time to time be determined or approved by the Minister.

(11) A governing authority may make such regulations relating to the selection, election, nomination or appointment of members of the governing authority as it thinks fit, and their selection, election, nomination or appointment shall be carried out in accordance with those regulations.

Chairperson of governing authority.

17. —(1) The first meeting of a governing authority of a university shall be chaired by the chief officer and, subject to this section, at that meeting and from time to time as the governing authority determines, the governing authority shall decide whether—

(a) the holder of the office of chief officer should be or continue to be the chairperson, or

(b) a person other than the holder of the office of chief officer should be appointed as chairperson.

(2) Where the governing authority decides that the holder of the office of chief officer should be the chairperson then, subject to this section, the chief officer shall, ex officio, be the chairperson on and from the passing of the resolution to that effect.

(3) Where the governing authority decides at a meeting that a person other than the chief officer should be the chairperson, it shall, as soon as practicable at that or a subsequent meeting, by a majority vote of not less than two-thirds of its members, appoint a person who is not an employee of the university or a member of the governing authority to be the chairperson.

(4) Until a person is appointed under subsection (3), but subject to this section, the chief officer shall act as chairperson of all meetings of the governing authority.

(5) Subject to this section, a chairperson appointed under subsection (3) shall hold office on such terms and conditions as the governing authority may, at the date of his or her appointment, determine.

(6) A person holding office as chairperson of a governing authority in accordance with subsection (3) may, at any time for stated reasons, be removed from the office of chairperson by the governing authority and where a person is so removed from office, subsections (1), (2) and (3), with the necessary modifications, shall apply.

(7) In the case of the governing authority of Trinity College or a constituent university, the person holding the office of chief officer (by whatever name known) on the commencement of this Part shall be the chairperson of the governing authority of that university under this Act until his or her term of office as chief officer expires, he or she is sooner removed from the office of chairperson in accordance with subsection (6), or the office otherwise becomes vacant.

(8) Where immediately before the commencement of this Part the chief officer of a university was not the chairperson (by whatever name known) of the governing body (by whatever name known) of the university, then, except for the first meeting of a governing authority of the corresponding university under this Act or in the circumstances referred to in subsection (4), the chief officer shall not be eligible to be the chairperson of the governing authority,

(9) An appointment under subsection (3) shall not be on a full-time basis and the person appointed shall exercise no function in respect of the control and management of the university other than the functions of chairperson of the governing authority.

Functions of governing authority.

18. —(1) The functions of the governing authority of a university shall be, in pursuance of the objects of the university under section 12 but within the constraints of its budget under section 37

(a) to control and administer the land and other property of the university,

(b) to appoint the chief officer and such other employees as it thinks necessary for the purposes of the university,

(c) subject to this Act and its charter, if any, statutes and regulations, to determine the membership from time to time of the governing authority, and

(d) to perform such other functions as are imposed on it by or under this or any other Act or by its charter, if any, statutes and regulations.

(2) For the purposes of the performance of its functions under subsection (1) (b), the governing authority shall develop such interview and other procedures as in its opinion will best ensure participation in the selection process by high quality candidates from both within and outside of the employees of the university and specify those procedures in a statute or regulation.

(3) A governing authority has, subject to this or any other Act or its charter, if any, such powers as are necessary for the purposes of performing its functions.

(4) A governing authority may, from time to time, appoint such and as many committees, consisting either wholly or partly of members of the governing authority, as it thinks necessary to assist it in the performance of its functions and may assign to those committees such of its functions as it thinks fit.

(5) A committee appointed under subsection (4) shall operate in such manner as the governing authority may direct and its acts shall be subject to confirmation by the governing authority unless the governing authority otherwise directs.

(6) In performing its functions a governing authority, or a committee where appropriate, shall—

(a) have regard to the promotion and use of the Irish language as a language of general communication and promote the cultivation of the Irish language and its associated literary and cultural traditions;

(b) have regard to the attainment of gender balance and equality of opportunity among the students and employees of the university and shall, in particular, promote access to the university and to university education by economically or socially disadvantaged people and by people from sections of society significantly under-represented in the student body; and

(c) ensure as far as it can that the university contributes to the promotion of the economic, cultural and social development of the State and to respect for the diversity of values, beliefs and traditions in Irish society.

Visitor.

19. —(1) Where a university does not have a Visitor, the Government shall from time to time as the occasion requires, following consultation with the President of the High Court, appoint a Judge of the High Court, or a retired Judge of the High Court or the Supreme Court, to be the Visitor for the purposes of this Act.

(2) Where a Visitor appointed under subsection (1) resigns or otherwise becomes incapable of performing his or her functions the Government may appoint another such person to replace that Visitor.

Visitation.

20. —(1) Where the Minister is of the opinion that there are reasonable grounds for contending that the functions of a university are being performed in a manner which prima facie constitutes a breach of the laws, statutes or ordinances applicable to the university, the Minister may, after first advising the governing authority of his or her opinion and considering any explanation given in response, and with the concurrence of the Government, request the Visitor to the university to inquire into any matter giving rise to the Minister's opinion.

(2) If the Visitor is satisfied that there are reasonable grounds for the Minister's opinion, the Visitor shall inquire into the matters giving rise to that opinion and any related matter and report to the Minister on the results of the inquiry.

(3) A Visitor shall, for the purposes of this section, be entitled at all reasonable times to enter a university to inquire into the academic or other affairs of the university or to conduct an inspection of the university and its buildings, equipment and records where the inspection is, in the opinion of the Visitor, relevant to his or her inquiries.

(4) A Visitor shall be afforded all reasonable co-operation and facility by the university, its employees and its governing authority, including access to such buildings, equipment and records as the Visitor may require, to enable the Visitor to perform his or her functions under this section.

Suspension of governing authority.

21. —(1) Where the Minister, after considering the report of an inquiry by a Visitor made in pursuance of a request under section 20 (1), is of the opinion that the functions of a university or its governing authority are being performed in a manner which constitutes a breach of the laws, statutes or ordinances of or applicable to the university, the Minister shall so inform the chief officer and give to the chief officer a copy of the report of the Visitor.

(2) The Minister may, after a period of 14 days commencing on the day on which he or she gave to the chief officer the report of the Visitor and after considering the observations, if any, of the governing authority or the chief officer on the report—

(a) if the Minister is still of the opinion that the functions are being performed in a manner which constitutes a breach of the laws, statutes or ordinances of or applicable to the university; and

(b) is of the opinion that, because of the report, the governing authority should be suspended and the Visitor concurs,

recommend to the Government the suspension of the governing authority and the termination of the membership of its members.

(3) On receiving the recommendation of the Minister the Government may, by order but subject to subsection (8), suspend the governing authority.

(4) Where the Government makes an order under subsection (3), the Visitor to the university shall, following consultation with the Minister and such persons within the university as the Visitor considers appropriate, appoint such person or body of persons as the Visitor thinks fit to perform the functions of the governing authority and that person or body shall perform those functions until the commencement of the first meeting of the governing authority after the appointment of its members in pursuance of subsection (6).

(5) The remuneration, if any, of a person or member of a body appointed under subsection (4) shall be paid out of moneys provided by the Oireachtas.

(6) The Visitor shall, as soon as practicable, but in any case not later than 12 months, after the suspension of a governing authority, following consultation with such persons within the university as the Visitor considers appropriate, determine the composition of the new governing authority and, by notice in writing, inform the Minister of the composition as so determined.

(7) On the Minister being informed as provided in subsection (6), the governing authority shall be so constituted as so determined, in accordance with Chapter II.

(8) Where the Government proposes to make an order under subsection (3), it shall cause a draft of the proposed order to be laid before each House of the Oireachtas and the order shall not be made until a resolution approving of the draft has been passed by both Houses.