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National Accreditation Board Act,
2007
Act 744
ARRANGEMENT OF
SECTIONS
Section
The Board
1.
Establishment of the National
Accreditation Board
2.
Functions of the Board
3.
Tenure
of office of members
4.
Meetings
of the Board
5.
Disclosure of interest
6.
Establishment of committees
7.
Allowances
Accreditation
8.
Accreditation exercise
9.
Appointment of panel
10.
Board to
issue certificate
11.
Variation or revocation of
accreditation
12.
Grant of
Charter
13.
Foreign
registration
Administration
14.
Executive Secretary
15.
Functions of the Executive
Secretary 16. Appointment of other
staff
Finance
and miscellaneous matters
17.
Funds of
the Board
18.
Accounts
and audit
19.
Annual
report and other reports
20.
Obtaining information
21.
Closure
of institution
22.
Cost
recovery
23.
Sanction
for operating an unaccredited
institution or programme
24.
Offences
and penalties
25.
Regulations
26.
Interpretation
27.
Repeal
and saving
Act 744
THE SEVEN
HUNDRED AND FORTY- FOURTH ACT
OF THE
PARLIAMENT OF THE REPUBLIC OF
GHANA
ENTITLED
NATIONAL
ACCREDITATION BOARD ACT, 2007
AN ACT to
establish the National
Accreditation Board and to provide
for related purposes.
DATE OF ASSENT:
20th August, 2007.
ENACTED BY the
President and Parliament:
The Board
Establishment of the
National Accreditation Board
1. (1) There is
established by this Act a body
known as the National
Accreditation Board consisting of
(a) a
chairperson,
(b) two
representatives of the public
universities each not below the
rank of a senior leacturer,
( c) one
representative nominated by each
of the following bodies:
(i) the
accredited private universities
not below the rank of senior
lecturer,
(ii) other
accredited private tertiary
institutions,
(iii) the
association of heads of public
polytechnics,
(iv) the
National Council for Tertiary
Education,
(v) the Public
Services Commission,
(vi) the
association of professional
bodies,
(vii) the
National Board for Professional
and Technician Examinations,
(viii) The West
African Examinations Council,
(ix) The
Attorney-General's Department not
below the rank of Principal State
Attorney,
(c) the
Executive Secretary, and
(d) two
other persons nominated by the
Minister, one of whom is a woman.
(2) The
chairperson and the other members
of the Board shall be appointed by
the President in accordance with
article 70 of the Constitution.
Functions of
the Board
2. (1)
The Board is responsible for the
accreditation of both public and
private institutions as regards
the contents and standards of
their programmes.
(2) Without
limiting subsection (1), the Board
shall
(a) determine the programmes
and requirements for the proper
operation of an institution and
the maintenance of acceptable
levels of academic or professional
standards in the institution in
consultation with that
institution;
(b)
determine the equivalences of
diplomas, certificates and other
qualifications awarded by
institutions in the country or
elsewhere;
(c)
publish as it considers
appropriate the list of accredited
public and private institutions
and programmes at the beginning of
each calendar year;
(d)
advise the President on the
grant of a Charter to a private
tertiary institution; and
(e)
perform any other functions
determined by the Minister.
Tenure of
office of members
3. (1) A
member of the Board other than the
Executive Secretary shall hold
office for a period not exceeding
three years and is eligible for
re-appointment.
(2) Where a
member of the Board, resigns,
dies, is removed from office or is
for a sufficient reason unable to
act as a member, the Minister
shall notify the President of the
vacancy and the President shall,
acting on the advice of the
nominating body and in accordance
with article 70, appoint another
person to hold office for the
unexpired portion of the member's
term of office.
(3) A member
of the Board other than the
Executive Secretary may at any
time resign from office in writing
addressed to the President through
the Minister.
(4) A member
of the Board who is absent from
three consecutive meetings of the
Board without sufficient cause
ceases to be a member of the
Board.
(5) The
President
(a) may,
and
(b)
shall at the request of a
nominating body,
by letter
addressed to a member revoke the
appointment of that member.
Meetings of
the Board
4. (1)
The Board shall meet at least once
every three months for the
despatch of business at the times
and in the places determined by
the chairperson.
(2) The
chairperson, at the request in
writing of not less than one-third
of the membership of the Board,
shall within fourteen days convene
an extraordinary meeting of the
Board at the place and time
determined by the chairperson and
in the absence of the chairperson,
the Executive Secretary shall
convene the meeting.
(3) The quorum
at a meeting of the Board is eight
members of the Board or a greater
number determined by the Board in
respect of an important matter.
(4) The
chairperson shall preside at
meetings of the Board and in the
absence of the chairperson, a
member of the Board elected by the
members present from among their
number shall preside.
(5) Matters
before the Board shall be decided
by a majority of the members
present and voting and in the
event of an equality of votes, the
person presiding shall have a
casting vote.
(6) The Board
may co-opt a person to attend a
Board meeting but that person
shall not vote on a matter for
decision at the meeting.
(7) The
proceedings of the Board shall not
be invalidated by reason of a
vacancy among the members or a
defect in the appointment or
qualification of a member.
(8) Subject to
this section, the Board may
determine the procedure for its
meetings.
Disclosure
of interest
5. (1) A
member of the Board who has an
interest in a matter for
consideration by the Board shall
disclose in writing the nature of
that interest and is disqualified
from participating in the
deliberations of the Board in
respect of that matter.
(2) A
member who contravenes subsection
(I) ceases to be a member.
Establishment of committees
6. (1)
The Board may establish committees
consisting of members of the Board
or non-members or both to perform
a function the Board may determine
except that a committee composed
entirely of non-members may only
advise-the Board.
(2) A committee
of the Board may be chaired by a
non-member of the Board.
Allowances
7.
Members of the Board and members
of a committee of the Board shall
be paid allowances approved by the
Minister in consultation with the
Minister responsible for Finance.
Accreditation
Accreditation exercise
8. (1)
An accreditation exercise may be
initiated by the Board or an
institution itself and shall be in
relation to the institution or its
programme or to both.
(2) Despite
subsection (l), the Board shall
carry out an accreditation
exercise in respect of each
institution at least once every
five years.
(3) An
institution shall not operate or
run a progrnmme without
accreditation.
Appointment
of panel
9.
(1)
The Board may appoint a panel to
conduct an accreditation exercise.
(2)
The panel which shall consist of a
chairperson and other persons not
exceeding eight shall be
constituted by the Board having
regard to their professional,
academic, industrial or commercial
competence.
(3) The panel may include members
of the Board.
Board to
issue certificate
10. The
Board shall issue a certificate in
respect of accreditation granted
to an institution or given for a
programme.
Variation or
Revocation of Accreditation
11. The
Board may
(a)
vary a certificate of
accreditation where the Board is
of the opinion, that the
variation:
(i) is
necessary having regard to the
national education policy,
(ii) may assist
the institution concerned to carry
out its function in a more
efficient manner, or
(b)
revoke a certificate of
accreditation, where the Board is
of the opinion that:
(i) the
institution concerned is not
carrying out its functions in a
proper manner,
(ii) the
institution is in breach of its
certificate of accreditation, or
(iii) the
revocation is necessary having
regard to the national education
policy.
Grant of
Charter
12. The
President may grant a Charter to a
private tertiary institution to
enable the institution issue
certificates, diplomas or degrees.
Foreign
Registration
13. A
foreign tertiary institution that
seeks to operate in Ghana shall
apply to the Board to be
registered.
Administration
Executive
Secretary
14. (1)
The President shall, appoint the
Executive Secretary of the Board
in accordance with article 195 of
the Constitution.
(2) The
Executive Secretary shall hold
office on the terms and conditions
specified in the letter of
appointment.
(3) The
Executive Secretary is the
secretary to the Board.
Functions of
the Executive Secretary
15. (1)
The Executive Secretary is
responsible for the day to day
administration of the affairs of
the Board and is answerable to the
Board in the performance of
functions under this Act.
(2) The
Executive Secretary shall perform
other functions determined by the
Board.
(3) The
Executive Secretary may delegate a
function to an officer of the
secretariat of the Board but shall
not be relieved from the ultimate
responsibility for the performance
of the delegated function.
Appointment
of other staff
16. (1)
The President shall in accordance
with article 195 of the
Constitution, appoint other staff
of the Board that are necessary
for the proper and effective
performance of its functions.
(2) Other
public officers may be transferred
or seconded to the Board or may
otherwise give assistance to it.
(3) The Board
may engage the services of
advisers and consultants on the
recommendation of the Executive
Secretary.
Finance and miscellaneous matters
Funds of the
Board
17. (l)
The funds of the Board include
(a)
moneys approved by Parliament,
(b)
grants received from the
Government,
(c) fees
charged by the Board in the
performance of its functions,
(d)
return an investments by the
Board; and
(e) donations
or gifts.
(2) The Board
may invest moneys that are not
required for immediate use.
Accounts and
audit
18. (1)
The Board shall keep books of
account and proper records in
relation to them in the form
approved by the Auditor-General.
(2) The Board
shall submit the accounts of the
Board to the Auditor-General for
audit within three months after
the end of the financial year.
(3) The
Auditor-General shall, not later
than three months after the
receipt of the accounts, audit the
accounts.
(4) The
Internal Audit Agency Act, 2003
(Act 658) shall apply to this Act.
(5) The
financial year of the Board is the
same as the financial year of the
Government.
Annual
report and other reports
19. (1)
The Board shall within one month
after the receipt of the audit
report, submit an annual report to
the Minister covering the
activities and the operations of
the Board for the year to which
the report relates.
(2) The annual
report shall include the report of
the Auditor-General.
(3) The
Minister shall, within one month
after the receipt of the annual
report, submit the report to
Parliament with a statement that
the Minister considers necessary.
(4) The Board
shall also submit to the Minister
any other reports which the
Minister may require in writing.
Obtaining
information
20. (l)
The Board may, for the proper and
efficient performance of its
functions, authorise the
Executive Secretary, an employee
of the Board or any other person
to request information from an
institution and the institution
shall comply with the request.
(2) The
Executive Secretary, an employee
or any other person authorised by
the Board shall have access to the
relevant records, books or
facilities of the institution
requested to provide the
information.
Closure of
institution
21. (1)
Where the Board is satisfied that
(a) the
location and operations of an
institution are detrimental to the
physical or moral welfare of the
students who attend it,
(b) the
institution is operating below the
minimum standard acceptable to the
Board, or
(c) the
continued existence of the
institution is against the public
interest, the Board shall formally
notify the institution to rectify
the deficiencies within a period
not exceeding six months.
(2) If at
the end of the period the
rectification has not been
effected, the Board shall inform
the Minister who shall notify the
proprietor to close the
institution within a specified
time.
(3) Where
the proprietor fails to close down
the institution as provided for in
subsection (2), the Board shall
close down the institution.
Cost
recovery
22.
Where the Board incurs any
expenditure as a result of failure
of an institution to comply with a
direction given by the Board to
the institution, the Board shall
take the action it considers
appropriate for the recovery of
the expenditure.
Sanction for
operating an unaccredited
institution or programme
23.
Where
(a) the
accreditation of an institution is
not renewed, or (b) the
accreditation or a programme is
not renewed
and the
institution continues to operate
or run the programme the Board may
recommend the appropriate action
or sanction which may include
withdrawal of public funds,
student loans or the transfer of
students to another institution.
Offences and
penalties
24. A
person who
(a)
operates an unaccredited
institution, (b) runs an
unaccredited programme,
(c)
advertises an unaccredited
institution or an unaccredited
programme, (d) fails to
register a foreign institution,
(e)
refuses to comply with a request
for information made by or on
behalf of the Board,
(j)
denies access to relevant records,
books or facilities to a person
authorised by the Board to obtain
the information,
(g)
obstructs a person authorised by
the Board to obtain information,
or
(h) provides information
which that person knows is false
or does not have a reason to
believe to be true
commits an
offence and is liable on summary
conviction to a fine of not more
than three hundred penalty units
or to a term of imprisonment of
not more than two years or to
both.
Regulations
25. The
Minister may on the
recommendations of the Board, make
Regulations,
by legislative
instrument, for
(a) the
types of accreditation to be
granted to an institution;
(b) the
procedure for the conduct of an
accreditation exercise;
(c)
procedure for registration;
(d) the
fees to be charged for services
rendered by or on behalf of the
Board; and
(e) any
other matter necessary for the
effective implementation of the
provisions of this Act.
Interpretation
26. In
this Act, unless the context other
Wise requires,
"accreditation"
means the status accorded a
tertiary institution or programme
that satisfies the relevant
standards determined by the Board;
"Board" means
the National Accreditation Board
established under section 1;
"Executive
Secretary" means the Executive
Secretary appointed under section
14;
"function"
includes powers and duties;
"institution"
means tertiary educational
institution; ''Minister'' means
Minister responsible for
Education;
"moral welfare"
means wellbeing concerned with the
goodness and badness of human
character, the distinction between
right and wrong within accepted
standards of human behaviour;
''public funds"
means money from the Consolidated
Fund, the Contingency
Fund and other
funds under the authority of an
Act of Parliament;
"operating"
includes advertising programmes
and enrolling students;
"public
university" means a university
sponsored from public funds; and
"tertiary
institution" includes a
university, university college,
post- secondary diploma awarding
institution, professional body
awarding certificates or diplomas
or professional training
institution.
Repeal and
saving
27. (1) The
National Accreditation Board Law,
1993 (P.N.D.C.L. 317) is hereby
repealed.
(2)
Despite the repeal of P.N.D.C.L.
317, the Regulations, notices,
orders, directions, appointments
or any other act lawfully made or
done under the repealed enactment
and in force immediately before
the commencement of this Act shall
be considered to have been made or
done under this Act and shall
continue to have effect until
reviewed, cancelled or terminated.
Date of
Gazette notification: 24th
August, 2007.
GOVERNMENT
PRINTER, ASSEMBLY PRESS, ACCRA.
GPC/A397/300/8/2007
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