Universities and Other Tertiary Institutions (Establishment and Operation of Private Universities and Private Tertiary Institutions) Regulations

operate a private university

Grant of Charter and Accreditation of

when granting provisional licence or Charter

operate a private tertiary institution

when granting provisional licence

tertiary institution

of classification and registration

Forms Schedule 2- Fees Schedule 3- Format for Preparing Inspection Report Schedule 4- Checklist of Quality and University Capacity Indicators for Assessment of Universities and Programmes under the Universities and Other Tertiary Institutions Act, 2001 Schedule 5- Checklist of Quality and Other Tertiary Institutions Capacity Indicators for Assessment of Other Tertiary Institutions and Programmes under the Universities and Other Tertiary Institutions Act, The Universities and Other Tertiary Institutions (Establishment and Operation of Private Universities and Private Tertiary Institutions) Regulations, 2005. (Under section 128 of the Universities and Other Tertiary Institutions Act, 2001, Act No. 7 of 2001)

IN EXERCISE of the powers conferred on the National Council for Higher Education and with the approval of the Minister, these Regulations are made this 18th day of October, 2005. 1. These Regulations may be cited as the Universities Title and Other Tertiary Institutions (Establishment and Operation of Private Universities and Private Tertiary Institutions) Regulations, 2005.

these Regulations, unless the context otherwise Inter- pretation requires- "Act" means the Universities and Other Tertiary Institutions Act, 2001; Act No. 7 of 2001. "National Council" means the National Council for Higher Education established by section 4 of the Act.

provisional licence to establish and operate a private for provisional university under section 96 of the Act shall be in Form NCHE licence to 1 in Schedule 1. and operate

Issue of 5. (1) The National Council may, subject to section licence to 97(1) of the Act, issue a provisional licence to an applicant to establish a establish and operate a private university upon payment of the private university fee prescribed in Schedule 2.

Refusal or 6. (1) The National Council may refuse or revoke a revocation of provisional licence in accordance with section 98 of the Act. (2) The notice of intention to revoke a provisional licence by the National Council referred to in section 98 (1) (b) of the Act shall be in Form NCHE 2 in Schedule 1.

Grant of Charter and Accreditation of Private University

100 of the Act, Application a private university has been issued with a provisional licence for grant of Charter and and has held the licence for not less than three years, the accreditation private university may apply to the National Council for the grant of a Charter and accreditation (2) An application for the grant of a Charter shall be in (a) the information specified in section 100(2) of the Act; (b) any other details that the National Council may, in each case, specify; and (c) the fee prescribed in Schedule 2.

a Charter to a Grant of private university shall be in accordance with sections 101 and Charter and accreditation 102 of the Act. of private (2) The members and employees of the National Council shall not be members of the Inspection Committee appointed by the National Council under section 101 of the Act, but may accompany the Inspection Committee for the provision of information and administrative support. (3) The inspection report prepared by the Inspection Committee under section101 (2) shall be in accordance with the format in Schedule 3. (4) A private university shall, on being granted a Charter, pay the fee prescribed in Schedule 2.

Further 9. The National Council shall, when taking the decision take into to grant a provisional licence or Charter under Part XVII of the account Act (Establishment of Private University) have regard to the when granting checklist in Schedule 4. licence or Charter Revocation 10. (1) The President may, in accordance with section 110 of of Charter of private the Act, on the recommendation of the National Council, through university the Minister, revoke a Charter granted to a private university. section 110(2) of the Act, as soon as practicable, by legal notice, publish the revocation of a Charter in the Gazette and thereafter, the private university shall cease to be a private university at the expiry of one year from the date of publication of the legal notice. Application 11. (1) An application to the National Council for a for provisional provisional licence to establish and operate a private tertiary licence to institution under section 112 of the Act shall be in Form and operate NCHE 4 in Schedule 1. tertiary (2) The application referred to in subregulation (1) institution particulars specified in section 112 (2) of the Act; and

Issue of 12. The National Council shall, on receipt of the provisional application referred to in regulation 11, and subject to section licence to establish 113 of the Act, issue a provisional licence to establish and and operate operate a private tertiary institution to the applicant, upon tertiary payment of the fee prescribed in Schedule 2. institution

the decision Further to grant a provisional licence under Part XIX of the Act take into (Establishment of Private Tertiary Institutions) have regard to account when the checklist in Schedule 5. granting Classification and Registration of a Private Tertiary Institution

113 of the Act, Classifica private tertiary institution has been issued with a provisional ation and registration licence and has held the licence for not less than two years, the of a private tertiary private tertiary institution may apply to the National Council institution for a Certificate of Classification and Registration under section 114 of the Act. (2) An application for a Certificate of Classification and Registration referred to in subregulation (1) shall be in (a) a project proposal containing the information specified in section 114(2) ;

subject to section Grant of 115(1) of the Act, issue a Certificate of Classification and certificate of classific Registration to a private tertiary institution. ation and registration section 115(2) of the Act, as soon as practicable after issuing a Certificate of Classification and Registration, by legal notice, publish the Certificate in the Gazette.

subject to section 117 Revocation of of the Act, revoke the provisional licence or Certificate of provisional Classification and Registration of a private tertiary institution. licence or certificate of classific (2) The notice of intention to revoke the provisional ation and licence or Certificate of Classification and Registration of a registration private tertiary institution under section 117 of the Act shall be in Form NCHE 6 in Schedule 1.

Offences 17. A person who contravenes these Regulations and penalties commits an offence and is liable, on conviction, to a fine not exceeding fifty currency points.

NATIONAL COUNCIL FOR HIGHER EDUCATION

SCHEDULE 1

Regulations 3, 6(2), 7 11, 14 and 16(2)

FORMS

FORM NCHE 1: APPLICATION FOR PROVISIONAL LICENCE TO ESTABLISH AND OPERATE A

FORM NCHE 2: NOTICE OF INTENTION TO REVOKE PROVISIONAL LICENCE OF A PRIVATE

FORM NCHE 3: APPLICATION FOR GRANT OF CHARTER TO A PRIVATE UNIVERSITY

FORM NCHE 4: APPLICATION FOR PROVISIONAL LICENCE TO ESTABLISH AND OPERATE A

FORM NCHE 5: APPLICATION FOR CERTIFICATE OF

FORM NCHE 6: NOTICE OF INTENTION TO REVOKE A PROVISIONAL LICENCE OR CERTIFICATE OF CLASSIFICATION AND REGISTRATION OF A PRIVATE TERTIARY INSTITUTION.