No. 14/1989:

UNIVERSITY OF LIMERICK ACT, 1989

ARRANGEMENT OF SECTIONS

Section

1. Interpretation.

2. Establishment of University.

3. Amendment to section 4 of Act of 1980.

4. Amendment to section 7 of and Schedule to Act of 1980.

5. Amendment to section 8 of Act of 1980.

6. Amendment to section 5 of National Council for Educational Awards Act, 1979.

7. Amendment to section 56 of Copyright Act, 1963.

8. Short title, construction and commencement.

ACTS REFERRED TO

Number 14 of 1989

UNIVERSITY OF LIMERICK ACT, 1989

AN ACT TO PROVIDE THAT THE NATIONAL INSTITUTE FOR HIGHER EDUCATION, LIMERICK, SHALL BECOME AND BE A UNIVERSITY, TO AMEND THE NATIONAL COUNCIL FOR EDUCATIONAL AWARDS ACT, 1979 , AND TO PROVIDE FOR OTHER MATTERS CONNECTED THEREWITH.

[11th June, 1989]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

1.—In this Act—

"the Act of 1980" means the National Institute for Higher Education, Limerick, Act, 1980 ;

"the Minister" means the Minister for Education;

"the University" means the University of Limerick.

2.—(1) The National Institute for Higher Education, Limerick, shall by virtue of this section become and be a university and shall be known in the Irish language as Ollscoil Luimnigh and in the English language as the University of Limerick and shall perform the functions assigned to it by the Act of 1980 as amended by this Act.

(2) References in any statute or statutory instrument (within the meaning of the Statutory Instruments Act, 1947 ) or in the memorandum or articles of any company or any other legal document shall, in so far as they relate to the National Institute for Higher Education, Limerick, be construed as references to the University of Limerick.

(3) Where, immediately before the commencement of this Act, any legal proceedings in relation to the National Institute for Higher Education, Limerick, are pending to which the National Institute for Higher Education, Limerick, is party, the name of the University of Limerick shall be substituted in the proceedings for the name of the Institute and the proceedings shall not abate by reason of such substitution.

3.—Section 4 of the Act of 1980 is hereby amended by—

( a ) the substitution of the following paragraph for paragraph (a)of subsection (1):

"( a ) the pursuit of learning and the advancement of know ledge through teaching, research and collaboration with educational, business, professional, trade union, cultural and other bodies and, without prejudice to the generality of the aforesaid, the University shall have the following functions—

(i) to provide courses of study or instruction in such fields as the Governing Body may deem appropriate,

(ii) to confer, grant or give degrees, diplomas, certificates or other educational awards, on there commendation of the Academic Council, to or on persons who satisfy the Academic Council that they have attended or otherwise pursued or followed appropriate courses of study, instruction or research provided by the University, or by such other colleges or institutions as the Governing Body may approve, and have attained an appropriate standard in examinations or other tests of knowledge or ability or have performed other exercises in a manner regarded by the Academic Council as satisfactory,

(iii) to confer honorary degrees on persons in such manner and subject to such conditions as the Governing Body, after consultation with the Academic Council, may deem appropriate, and

(iv) to enter into arrangements with other relevant institutions inside and outside the State for the purposes of offering joint courses and of conducting research and development work and to enter into arrangements, including participation in limited liability companies, for the purpose of exploiting the results of research and development work undertaken by the University either separately or jointly.",

and

( b ) the substitution for paragraph (a)of subsection (2) of the following paragraph:

"( a ) The Minister may on the recommendation of the Governing Body after consultation with an tÚdards by order assign to the Institute such additional functions as the Minister thinks fit.".

4.—(1) Section 7 of and the Schedule to the Act of 1980 are hereby amended by the substitution of "the President" for "the Director" in each place where it occurs.

(2) References to the Director of the National Institute for Higher Education, Limerick, in any statute or statutory instrument (within the meaning of the Statutory Instruments Act, 1947 ) or in the articles or memorandum of association of any company or in any legal document to the Director shall be construed as references to the President of the University of Limerick.

5.—Section 8 of the Act of 1980 is hereby amended by—

( a ) the substitution for subsection (2) of the following subsection:

"(2) ( a ) The Governing Body may by regulations made under this section provide for the membership, of which a majority shall be holders of academic appointments and not less than 3 students of the University, representative of the student body, and terms of office of the Academic Council established pursuant to subsection (1) of this section.

( b ) The members appointed to the Academic Council shall hold office for a period of three years and shall be eligible for re-appointment.",

and

( b ) the substitution for paragraph (g)of subsection (3) of the following paragraph:

"( g ) to make recommendations to the Governing Body in relation to—

(i) the appointment of external examiners,

(ii) the award of fellowships, scholarships, prizes or other awards,

(iii) the conferment, grant or award of degrees, diplomas, certificates or other educational awards,

(iv) the conferment of honorary degrees.".

6.—The National Council for Educational Awards Act, 1979 , is hereby amended by—

( a ) the deletion of paragraphs (b) and (c)of subsection (1) of section 5,

( b ) the deletion of "four" and the insertion of "six" in paragraph (f)of subsection (1) of section 5, and

( c ) the deletion of "three" and the insertion of "five" in paragraph (g)of subsection (1) of section 5.

7.— Section 56 of the Copyright Act, 1963 , is hereby amended by the insertion after "Trinity College, Dublin" of "and a copy of the book to the authority having control of the Library at the University of Limerick".

8.—(1) This Act may be cited as the University of Limerick Act, 1989 .

(2) The Act of 1980 and this Act shall be construed together as one and may be cited together as the University of Limerick Acts, 1980 and 1989.

(3) This Act shall come into operation on such day as the Minister may by order appoint.