No. 16/1991:

UNIVERSITY OF LIMERICK (DISSOLUTION OF THOMOND COLLEGE) ACT, 1991

ARRANGEMENT OF SECTIONS

Section

1. Definitions.

2. Dissolution of College.

3. Transfer of functions of College to University.

4. Amendment of section 4 of Act of 1980.

5. Amendment of section 5 of Act of 1980.

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

7. Transfer of staff.

8. Transfer of property.

9. Transfer of rights and liabilities and continuance of pending proceedings.

10. Irish language and culture.

11. Repeal.

12. Short title, construction, collective citation and commencement.

ACTS REFERRED TO

Number 16 of 1991

UNIVERSITY OF LIMERICK (DISSOLUTION OF THOMOND COLLEGE) ACT, 1991

AN ACT TO PROVIDE FOR THE DISSOLUTION OF THOMOND COLLEGE OF EDUCATION, LIMERICK, AND THE TRANSFER OF ITS PROPERTY AND STAFF TO THE UNIVERSITY OF LIMERICK, TO AMEND AND EXTEND THE UNIVERSITY OF LIMERICK ACTS, 1980 AND 1989, TO AMEND THE NATIONAL COUNCIL FOR EDUCATIONAL AWARDS ACT, 1979 , AND TO PROVIDE FOR CONNECTED MATTERS.

[26th June, 1991]

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 College" means Thomond College of Education, Limerick;

"the Governing Body" means the Governing Body of the University of Limerick;

"the Minister" means the Minister for Education;

"the University" means the University of Limerick.

2.—The College is hereby dissolved.

3.—The functions of the College under paragraphs (a) and (b) of section 4 (1) of the Thomond College of Education, Limerick, Act, 1980 , are hereby transferred to the University and shall be performed by the University in accordance with such terms and conditions as the Minister, after consultation with the Governing Body, directs.

4.—Section 4 (as amended by section 3 of the University of Limerick Act, 1989 ) of the Act of 1980 is hereby amended by the insertion in subsection (2) of the following paragraph after paragraph (a):

"(aa) The Minister may, after consultation with the Governing Body, by order assign to the University such additional functions in relation to the education and training of teachers in accordance with such terms and conditions as may be determined from time to time by the Minister.".

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

( a ) the substitution in subsection (2) for "23" of "20"

( b ) the substitution in subsection (4) for "23" of "20" and

( c ) the deletion in subsection (4) of paragraph (e).

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

( a ) the deletion in section 1 (1) of paragraphs (b), ( c ) and (d),

( b ) the substitution in section 4 for "twenty-three" of "21" and

( c ) the deletion in section 5 (1) of paragraph (d).

7.—(1) A person who, immediately before the commencement of this Act, was an officer or servant of the College shall on that commencement become and be an officer or servant of the University on terms and conditions not less favourable than those applicable to that person immediately before that commencement.

(2) A scheme approved of under section 11 of the Thomond College of Education, Limerick, Act, 1980 , for the superannuation of officers and servants of the College shall, on the commencement of this Act, be deemed to be a scheme approved of under section 11 of the Act of 1980 and may be amended accordingly.

8.—(1) On the commencement of this Act all property, including choses-in-action, which immediately before that commencement was the property of the College shall stand vested in the University without any conveyance or assignment.

(2) Every chose-in-action transferred by subsection (1) of this section to the University may, after the commencement of this Act, be sued on and recovered or enforced by the University in its own name and it shall not be necessary for the University to give notice to the person bound by the chose-in-action of the transfer effected by that subsection.

9.—(1) All rights and liabilities of the College shall on the commencement of this Act stand transferred to the University.

(2) Every right and liability transferred by subsection (1) of this section to the University may, after the commencement of this Act, be sued on, recovered or enforced by or against the University in its own name and it shall not be necessary for the University to give notice to the person whose right or liability is transferred by this section of such transfer.

(3) All legal proceedings pending immediately before the commencement of this Act to which the College was a party shall be continued with the substitution for the College of the University and the proceedings shall not abate by reason of such substitution.

10.—The University in relation to the performance of its functions shall have due regard to the preservation, promotion and use of the Irish language and to the preservation and development of the national culture and in the training of teachers it shall have due regard to the teaching of the Irish language.

11.—The Thomond College of Education, Limerick, Act, 1980 , is hereby repealed.

12.—(1) This Act may be cited as the University of Limerick (Dissolution of Thomond College) Act, 1991 .

(2) The University of Limerick Acts, 1980 and 1989, and this Act shall be construed together as one and may be cited together as the University of Limerick Acts, 1980 to 1991.

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