PART I

Preliminary and General

1. —This Act may be cited as the Universities Act, 1997.

2. —This Act shall come into operation on such day or days as may be fixed therefor by order or orders made by the Minister under this section, either generally or with reference to any particular purpose or provision, and different days may be so fixed for different purposes and different provisions of this Act.

3. —(1) In this Act, unless the context otherwise requires—

“An tÚdarás” means the body established by section 2 of the Higher Education Authority Act, 1971 ;

“chairperson”, in relation to a governing authority, includes the chief officer, a deputy-chairperson and a person presiding at a meeting of the authority, while he or she is acting as the chairperson or so presiding;

“chief officer” means—

(a) a person appointed under section 24 as the chief officer of a university, or

(b) the chief officer of a university, constituent college, Recognised College or educational institution, by whatever name known, continued in office for the purposes of this Act,

and includes a person acting in the office or performing the duties of a chief officer;

“commission” means a commission appointed under section 23 (1);

“constituent college” means a university college specified in column 1 of the Second Schedule ;

“constituent university” means a university specified in column 2 of the Second Schedule or the National University of Ireland, Maynooth;

“Dublin City University” means the university established by section 2 of the Dublin City University Act, 1989 ;

“employee”, in relation to a university, means a person employed by the university in any capacity, and includes an officer of the university;

“financial year” means a period of 12 months commencing on the 1st day of January in each year;

“first governing authority” means a governing authority of a university as that governing authority is first constituted after the commencement of Part III or, in the case of an additional university established under section 9 , as first constituted after that university is established;

“functions” includes powers and duties;

“governing authority” includes—

(a) a person or body appointed under section 21 (4) to perform the functions of a governing authority,

(b) in relation to the appointment of a new governing authority after the suspension of a governing authority of a university under section 21 (4), the Visitor of that university,

(c) in relation to the appointment of the first governing authority of a university, the commission for that university, and

(d) except to the extent that its functions are limited under section 22 , a governing body continued in existence by that section;

“the Minister” means the Minister for Education;

“the National University of Ireland” means the university by that name in Dublin, constituted and founded by charter in pursuance of the Irish Universities Act, 1908;

“officer”, in relation to a university, includes—

(a) a permanent, full-time member of the academic staff of the university,

(b) the chief officer,

(c) a person who immediately before the commencement of this Part is an officer of a university, constituent college or recognised college, and

(d) such other employees as the governing authority may from time to time determine;

“Recognised College” means a recognised college of the National University of Ireland;

“the Senate” means the Senate of the National University of Ireland;

“statutes” means the statutes made under section 33 (1) by a governing authority, and includes statutes continued in force by section 33 (3);

“student”, in relation to a university, means a person registered as a student by the university or a full-time officer of the Students Union or other student representative body in the university recognised by the governing authority who was first elected or appointed to his or her office while he or she was a registered student of the university;

“Student Union” means a body established to promote the general interests of students of a university and which represents students, both individually and collectively, in respect of academic, disciplinary and other matters arising within the university;

“Trinity College” means the College of the Holy and Undivided Trinity of Queen Elizabeth near Dublin established by charter dated the 3rd day of March, 1592, and shall be held to include the University of Dublin save where the context otherwise requires in accordance with the charters and letters patent relating to Trinity College;

“the University of Dublin” means the university established by the charters and letters patent incorporating Trinity College and which said university is further provided for by the letters patent of the 24th day of July, 1857;

“the University of Limerick” means the university established by section 2 of the University of Limerick Act, 1989 ;

“Visitor” means the Visitor or Visitors to a university or a person appointed under section 19 to be a Visitor for any purpose under this Act.

(2) In this Act, including a Schedule to this Act—

(a) a reference to any other enactment shall, except where the context otherwise requires, be construed as a reference to that enactment as amended by or under any other enactment, including this Act,

(b) a reference to a section, Chapter or Part is a reference to a section, Chapter or Part of this Act, unless it is indicated that reference to some other enactment is intended,

(c) a reference to a subsection, paragraph or subparagraph is a reference to a subsection, paragraph or subparagraph of the provision in which the reference occurs, unless it is indicated that a reference to some other provision is intended, and

(d) a reference to a Schedule is a reference to a Schedule to this Act.

(3) A reference in this Act to the performance of functions includes a reference to the exercise of powers and the performance of duties.

4. —(1) Without limiting its general application, but subject to subsection (2), this Act shall apply to—

(a) the constituent universities,

(b) Dublin City University,

(c) Trinity College,

(d) the University of Limerick, and

(e) such universities, if any, as are established under section 9 ,

as constituted from time to time, while they are institutions of higher education in receipt of moneys in accordance with the Higher Education Authority Act, 1971 .

(2) Sections 16 (1) to (7,) 21 (6), 22 , 23 , 32 and 33 shall not apply to or in relation to Trinity College unless the Minister, by order made not earlier than three years after the commencement of Part III , declares that those provisions apply, in which case they shall apply as if a reference to the commencement of Part III were a reference to the date on which the order came into operation.

(3) The Minister shall not make an order under subsection (2) if, within the period of three years referred to in that subsection a Private Act is passed by the Oireachtas amending, in a manner consistent with the purpose and substance of the sections mentioned in that subsection, the charters and letters patent under which Trinity College and the University of Dublin are incorporated.

(4) An order made under subsection (2) may amend the charters and letters patent referred to in subsection (3) in such manner consistent with the sections mentioned in subsection (2) as is provided in the order.

5. —The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.

6. —(1) The enactments mentioned in Part I of the First Schedule are hereby repealed.

(2) The enactments mentioned in column 2 of Part II of the First Schedule are hereby repealed to the extent mentioned in column 3 of that Schedule opposite to those enactments mentioned in column 1.