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51 1998

EDUCATION ACT, 1998

PART VIII

Examinations

Interpretation.

49. —In this Part—

candidate” means a person who, in accordance with procedures determined from time to time by the Minister, is registered to present himself or herself for an examination;

examiner” means a person who is employed by the Minister for the purpose of—

(a) the preparation of examination papers or other examination materials,

(b) the marking of such papers or other such materials, or

(c) the carrying out of any other functions in respect of the conduct of examinations;

examination” means an examination relating to post-primary, adult and vocational education and vocational training as may from time to time be conducted in accordance with procedures determined by the Minister or by a body of persons established by the Minister and to which this Part applies in accordance with section 50 ;

examination paper” includes any paper, plan, map, drawing, diagram, pictorial or graphic work or other document and any photograph, film or recording (whether of sound or images or both)—

(a) in which questions are set for answer by candidates as part of an examination or which are related to such questions, or

(b) in which projects or practical exercises are set which candidates are required to complete as part of an examination or which are related to such projects or exercises.

Examinations.

50. —(1) This Part shall apply to the examinations set out in Schedule 2 .

(2) In addition to the examinations set out in Schedule 2 , the Minister may from time to time prescribe such other examinations as he or she considers appropriate to which this Part shall apply.

Regulations.

51. —(1) The Minister may make regulations as he or she from time to time considers appropriate for the effective conduct of examinations and in particular, without prejudice to the generality of the aforesaid, may make regulations relating to—

(a) the preparation of an examination paper and other examination materials,

(b) procedures at places where examinations are conducted, including the supervision of examinations,

(c) the marking of work presented for examination,

(d) the issuing of results of examinations,

(e) the charging and collection of fees for examinations,

(f) the terms under which candidates may appeal against the results of an examination and the procedure for such appeals,

(g) the penalties to be imposed on a person who acts in breach of regulations made by the Minister or who otherwise misconducts himself or herself in respect of an examination, and

(h) the designation of places where examinations may be held.

(2) The Minister may from time to time appoint a person or a body of persons to advise him or her on any matter relating to the examinations or to supervise or review any part of the conduct of the examinations, including appeals by candidates against the results of examinations.

Offences.

52. —(1) A person who—

(a) knowingly and without lawful authority publishes an examination paper or part of such paper to any other person prior to the holding of the examination concerned,

(b) has in his or her possession without lawful authority an examination paper or part of such paper prior to the holding of the examination concerned,

(c) carries out any duties relating to the preparation of examination papers and knowingly and without lawful authority provides a candidate for an examination or any other person with information concerning the material prepared by him or her in the course of those duties with the intention of conferring an advantage upon a candidate over other candidates,

(d) knowingly and wilfully credits a candidate with higher marks than the marks to which that candidate was entitled with the intention of conferring an advantage on that candidate over other candidates,

(e) knowingly and maliciously credits a candidate with lower marks than the marks to which that candidate was entitled,

(f) personates a candidate at an examination or knowingly allows or assists a person to personate a candidate at an examination,

(g) knowingly and maliciously destroys or damages any material relating to an examination,

(h) knowingly and maliciously obstructs any candidate or a person engaged in the conduct of an examination or otherwise interferes with the general conduct of an examination,

(i) knowingly and without lawful authority alters any certificate or any other record, including a record in machine-readable form, containing the results of an examination, or

(j) knowingly issues or makes use of any certificate or other document which purports to be a document issued by the person or body under whose authority the examination was conducted and to contain the results of an examination knowing that those results are false,

shall be guilty of an offence.

(2) A person who knowingly aids, abets, counsels or procures another person to commit any offence under subsection (1) or conspires with another person for the commission of any such offence shall be guilty of an offence.

(3) A person who is guilty of an offence under this section shall be liable—

(a) on summary conviction, to a fine not exceeding £1,500 or (at the discretion of the court) to imprisonment for a term not exceeding six months, or to both such fine and such imprisonment, or

(b) on conviction on indictment, to a fine not exceeding £5,000 or (at the discretion of the court) to imprisonment for a term not exceeding two years, or to both such fine and such imprisonment.

(4) No action shall lie against an examiner in respect of anything done by him or her in good faith and in pursuance of his or her functions as an examiner.

Refusal of access to certain information.

53. —Notwithstanding any other enactment the Minister may—

(a) refuse access to any information which would enable the compilation of information (that is not otherwise available to the general public) in relation to the comparative performance of schools in respect of the academic achievement of students enrolled therein, including, without prejudice to the generality of the foregoing—

(i) the overall results in any year of students in a particular school in an examination, or

(ii) the comparative overall results in any year of students in different schools in an examination,

and

(b) refuse access to information relating to the identity of examiners.