Statute - New Governance Structures for the University



<br /> Oxford University Gazette: Governance Statute (supplement)

Oxford University Gazette

Statute: New Governance Structures for the University

Special Resolution: Expediting Legislative Procedures

Supplement (1) to Gazette No. 4513

Wednesday, 2 June 1999



Contents of the supplement:

To Gazette No. 4514 (3
June 1999)

To Gazette Home
Page


University Agenda


CONGREGATION 29 June 2 p.m.

¶ Members of Congregation are reminded that written notice of any
intention to vote against the preamble of the statute at item 1 below or the
special resolution at item 2 below or the statute at item 3 below, or of any
proposed amendments to that statute, signed in each case by at least two
members of Congregation, must be given to the Registrar by noon on
Monday, 21 June
(see the final paragraph of the explanatory note to the
special resolution, and the Guide to Procedures in Congregation cited in the
note at the end of `University Agenda').


1 Promulgation of Statute


Statute: New governance structures for the
University

Explanatory note

Congregation has approved the new governance structures for the University
proposed in the second report of the Joint Working Party on Governance
(Gazette, pp. 1210, 1334). Council attaches great importance to the
introduction of these new structures with effect from 1 October 2000 or as
soon as practicable thereafter, in order to avoid the `planning blight' that
would otherwise occur, and therefore now submits to Congregation the
following statute which, with the decree that will be made by Council in
Michaelmas Term if the statute is approved, will enable this to happen.

Extensive further revision of the existing statutes and decrees will be
required in due course to take account not only of detailed changes
consequential on the new structures, but also of recommendations 5 and 16 in
the Report of the Commission of Inquiry, namely that there should be a
thorough review of all existing legislation with a view to reducing the volume
of material embodied in it. These matters are now being set in hand.

In particular, while cl. 36 makes no provision for the academic services sector
or Continuing Education, Council has agreed to give further consideration to
the question as to whether it would be desirable to make such provision by
statute rather than by decree.

Until 1983 a new volume of Statutes was published annually; since then, for
reasons of economy, a new volume has been published biennially, and a
further edition was due in 1999. In the present circumstances Council has
decided that it would be more appropriate not to produce a new volume at
least until 2000.

WHEREAS it is expedient to establish the new governance structures for
the University which have been approved by Congregation following
consideration of the second report of the Joint Working Party on Governance,
NOW THE UNIVERSITY OF OXFORD, in exercise of the powers in that behalf
conferred upon it by the Universities of Oxford and Cambridge Act, 1923, and
of all other powers enabling it, ENACTS, clauses 1–13 being subject to the
approval of Her Majesty in Council, AS FOLLOWS.

1 In Tit. I, cl. 1, concerning interpretation
(Statutes, 1997, p. 3), delete items (e)–(f),
substitute the following, and reletter existing items (g)–(j)
as items (f)–(i):

`(e) "Council" shall mean "the Council of the
University";'.

2 In Tit. II, Sect. I, cl. 2, concerning the functions and
powers of Congregation (p. 5), delete items (b)–(c), substitute
the following, and reletter existing items (d)–(h) as items
(c)–(g):

`(b) to consider resolutions submitted to it by Council or by any twenty
or more of its members'.

3 Ibid., Sect. II, cl. 1, concerning the composition of
Congregation, delete `, provided that they hold the Degree ... status of Master
of Arts'.

4 Ibid., delete cl. 3 (p. 6).

5 In Tit. III, cl. 2, concerning Convocation (p. 31), delete
`who hold the status of Master of Arts under the provisions of Title II,
Section II, clause 3' and substitute `not holding such degrees who are
members of Congregation'.

6 In Tit. IV, heading, concerning Council (p. 33), delete
`HEBDOMADAL COUNCIL' and substitute `COUNCIL OF THE UNIVERSITY'.

7 Ibid., cl. 2, concerning the functions and powers of
Council, after `Subject to the provisions of the statutes, Council' insert `, and
any other body to which the statutes or decrees may give such power,'.

8 Ibid., after `not provided for in the statutes; and'
delete `decrees of Council' and substitute `such decrees'.

9 Ibid., cl. 4, delete `or special resolutions'.

10 Ibid., delete `and the power to make, amend, and
repeal decrees'.

11 Ibid., delete Sect. II, concerning the composition of
Council (p. 34).

12 In Tit. VIII, Sect. I, cl. 1 (2)–(5), concerning the
Visitatorial Board (p. 53), after `who shall be' insert `members of Congregation,
or other', and after `standing as' insert `members of Congregation or as'.

13 Notwithstanding any provision to the contrary in any
of the statutes listed in the Schedule to Tit. XIV, Sect. VII, the functions
previously discharged and the powers previously exercised by the Hebdomadal
Council, the General Board, faculty boards, or any other university body shall,
with effect from the approval of this clause by Her Majesty in Council, be
discharged and exercised either by Council or by any other body or person
to which or to whom Council may by decree or otherwise delegate such
responsibility under the provisions of Tit. IV, Sect. I, cll. 3 and 4.

14 In Tit. II, Sect. III, cl. 2, concerning procedure in
Congregation (p. 7), after `Congregation' insert `at the Encaenia, or at any
other meeting held for the conferment of Degrees by Diploma or Honorary
Degrees,'.

15 Ibid., after `Pro-Vice-Chancellor' insert `; the Chairman
on all other occasions shall be the Vice-Chancellor, or, in his or her absence,
a Pro-Vice-Chancellor'.

16 Ibid., cl. 4, delete `twelve' and substitute `twenty'.

17 Ibid., cl. 14 (p. 8), delete `special resolution ... below'
and substitute `resolution of Congregation, subject to the provisions of Section
VI of this Title'.

18 Ibid., Sect. IV, cll. 3 and 14, concerning the
submission of statutes to Congregation (pp. 9, 10), in each case after `not
been given,' insert `and unless Council shall determine otherwise,'.

19 Ibid., cl. 16 (p. 10), delete `cl. 11 below, at least
seventy-five' and substitute `cl. 12 below, at least 125'.

20 Ibid. (p. 11), delete `less than seventy-five' and
substitute `fewer than 125'.

21 Ibid., cl. 17 (p. 11), delete `special resolution ... below'
and substitute `resolution of Congregation, subject to the provisions of Section
VI of this Title'.

Return to list of contents of the
supplement


22 Ibid., delete Sectt. V and VI, concerning the
submission of general and special resolutions to Congregation (pp. 11, 14), and
substitute:


`Section V. Of the Submission of Resolutions to
Congregation

1. Either Council, or any twenty or more members of Congregation, may at
any time submit a resolution on any topic; provided that, in the case of a
resolution submitted by twenty or more members of Congregation, the Vice-
Chancellor may rule that resolution inadmissible

(a) if it is not, in his or her opinion, on a topic concerning the
policy or administration of the University (which terms shall be deemed to
include calling upon Council or any other body or any person to annul,
amend, or repeal a decree or regulation); or

(b) if it relates to a particular college or other society, or (subject
to (a) above) to a particular person other than the Vice-Chancellor.

2. Notice of a resolution proposed by twenty or more members of
Congregation, signed by all the members concerned, shall be delivered to the
Registrar not later than noon on the twenty-second day before any stated
meeting of Congregation at which they propose to move it.

3. Subject to the provisions of clause 4 below and of Section VI of this
Title, notice of a resolution shall be published in the University
Gazette
not later than the nineteenth day before the Congregation at
which it is to be moved.

4. A resolution submitted by Council conferring a Degree by Resolution
under the provisions of Section VIII of this Title shall be published in the
University Gazette and shall be deemed to have been approved
nemine contradicente at noon on the fourth day after the day on which it was
published, unless by that time the Registrar has received notice in writing
from two or more members of Congregation that they wish the resolution to
be put to a meeting of Congregation. If such notice is received, Council may
either withdraw the resolution (in which case the Registrar shall publish
notice of this withdrawal in the University Gazette) or republish
the resolution not later than the fourth day before that on which it is to be
moved in Congregation.

5. Any two members of Congregation may propose an amendment to a
resolution, except a resolution submitted under the provisions of clause 4
above or of Section VI of this Title. Notice of any such amendment, signed by
the proposer and seconder, shall be delivered to the Registrar not later than
noon on the eighth day, and published in the University Gazette
not later than the fifth day, before the meeting of Congregation at which the
resolution is to be moved. If more than one amendment is received, they shall
be printed consecutively and shall be moved in that order unless otherwise
determined by the Chairman, who shall give notice of any such change of
order at the opening of Congregation.

6. Members of Congregation proposing an amendment under the provisions
of clause 5 above shall state whether or not the amendment is in their view
hostile to the resolution (that is to say, the amendment is such that if it were
not carried the proposers of the amendment would oppose the resolution). If
they state that it is not hostile, and if the amendment is acceptable to Council,
then Council may decide that proceedings on the resolution and on the
proposed amendment thereto shall be adjourned to a meeting of Congregation
held not fewer than fourteen days after the meeting at which the resolution
was originally to be moved under the provisions of clause 3 above; Council
may also, by publication of a notice in the University Gazette not
later than the twelfth day before the meeting of Congregation to which the
proceedings have been adjourned, require that any two members proposing to
oppose the amendment shall give notice in writing to the Registrar to that
effect not later than the eighth day before the meeting to which the
proceedings have been adjourned, and such notice, if given, shall be
published by the Registrar in the University Gazette not later
than the fourth day before that meeting. If such notice of opposition, having
been duly required, has not been given, and if Council has not decided by 4
p.m. on the eighth day before the meeting at which the resolution was
originally to be moved that the proposed amendment is unacceptable to
Council, or, in the event that Council has decided that the proposed
amendment is unacceptable to it, if Council has not also caused a notice to
that effect to be published in the University Gazette not later
than the fourth day before the meeting, then the amended resolution shall, at
the conclusion of proceedings on the amendment and the resolution, be
declared by the Chairman to be carried without question put, and the
provisions of clause 7 below, and of Sect. III, cl. 10 of this Title, shall not
apply to the amendment or the resolution; provided always that Council may
determine that a division shall be taken on a resolution which would otherwise
have been declared carried without question put. Alternatively, if proceedings
have not been so adjourned, then, subject to the provisions of clause 7 below,
the proposed amendment shall, at the conclusion of proceedings on it, be put
to the House; if the amendment is carried, the amended resolution shall
subsequently be declared by the Chairman to be carried without question put,
while, if the amendment is rejected, the unamended resolution shall
subsequently be declared by the Chairman to be carried without question put,
and in neither case shall the provisions of clause 7 below, or of Sect. III, cl.
10 of this title, apply to the resolution; provided always that Council may
determine that a division shall be taken on a resolution (whether or not so
amended) which would otherwise have been declared carried without question
put.

7. Subject to the provisions of clause 9 below, any resolution or
amendment thereto which is not moved and seconded in Congregation shall
lapse.

8. At the conclusion of the debate and voting on the amendments, the
resolution shall be put. If any amendments shall have been accepted, the
resolution as amended shall be put, and the proposer of the resolution shall
have the right to speak first in the debate thereon.

9. Subject to the provisions of clause 4 above and of Section VI of this
Title, any two members of Congregation may, not later than noon on the eighth
day before the meeting at which the resolution is to be moved, give notice in
writing to the Registrar that they propose to oppose the resolution; or Council
may, not later than 4 p.m. on that day, instruct the Registrar to give notice
that the resolution is unacceptable to Council. Such notice (whether of
opposition by members of Congregation or of unacceptability to Council) shall
be published by the Registrar in the University Gazette not later
than the fourth day before the meeting. If such notice has not been given,
and unless Council shall determine otherwise, the resolution shall, at the
conclusion of proceedings on it, be declared by the Chairman to be carried
without question put, and the provisions of clause 7 above, and of Sect. III,
cl. 10, of this Title, shall not apply to the resolution.

10. Subject to the provisions of Sect. VI, cl. 3 of this Title, it shall be the
duty of Council to give consideration to a vote on a resolution proposed by
Council, if the resolution is carried in Congregation, but Council shall not be
bound by such a vote. Council shall, however, be bound by the rejection of
such a resolution in Congregation, provided that the resolution is either
rejected on a division with at least 125 members voting against or rejected on
a postal vote held under the provisions of Section X of this Title. In the case
of a resolution proposed by twenty or more members of Congregation,
provided that

(a) the resolution is carried on a division with at least 125 members
voting in favour; or

(b) the resolution is carried nemine contradicente, or otherwise
without a division, at a meeting at which at least 125 members are present on
the floor of the House at the time when the resolution is declared by the
Chairman to have been carried; or

(c) the resolution is declared by the Vice-Chancellor to have been
carried without holding the meeting, under the provisions of Sect. III, cl. 11
above,

Council shall be bound, not later than the eighth week of the Full Term after
that in which the resolution was carried, to promulgate a statute, or to make
a decree, or to take such other action as it considers appropriate (as the case
may be), in order to give effect to the resolution. Pursuant to proviso
(b) above, the Proctors shall, whenever a resolution is carried nemine
contradicente, or otherwise without a division, certify the number of members
present on the floor of the House at the time when the resolution is declared
by the Chairman to have been carried. For the purposes of this clause, the
expression "the floor of the House" shall mean the whole of the
Convocation House or the Area and Semicircle of the Sheldonian Theatre, as
the case may be.

11. When a statute is promulgated or a decree is made under the
provisions of clause 10 above, Council shall, if the passing of the statute or
the making of the decree would involve additional expenditure from university
funds, publish a certificate stating whether that financial provision can be
made without curtailment of existing services or of services for which money
has already been allocated.

12. In the event of Council being required, under the provisions of clause
10 above, to promulgate a statute to which it is opposed, the provisions of
Sect. IV, cl. 16 above shall not apply.

13. In the event of Council being required, under the provisions of clause
10 above, to make a decree, the decree shall be put to Congregation for
approval not later than the eighth week of the Full Term after that in which
the resolution was carried. Such a decree shall be published in the
University Gazette not later than the nineteenth day before that
on which it is to be put to Congregation, and amendments may be proposed
under the same procedure as that laid down for amendments of resolutions in
clauses 5–8 above.

14. The operation of any of the clauses of this section may be suspended
by resolution of Congregation, subject to the provisions of Section VI below.

Return to list of contents of the
supplement



Section VI. Of the Suspension of Statutory
Procedures

1. A resolution proposed under the provisions of Section V of this Title may
provide for the suspension of the operation of clauses in Sections III–V
and Sections X–XII of this Title, or of clauses, other than clause 2, of
this section.

2. A resolution under clause 1 above shall be published in the
University Gazette not later than the fourth day before that on
which it is to be moved; provided that if the resolution is so published not
later than the nineteenth day before that on which it is to be moved, Council
may include in the procedure for dealing with the resolution the requirement
that any member of Congregation who proposes to oppose the resolution must,
by noon on the eighth day before the meeting at which the resolution is to
be moved, give notice in writing to the Registrar of such opposition. If such
notice has been received by that time from at least two members of
Congregation in respect of a resolution for opposition to which Council has
imposed that requirement, the Registrar shall publish the notice in the
University Gazette not later than the fourth day before the
meeting; if such notice has not been so received, and unless Council shall
determine otherwise, the resolution shall, at the conclusion of proceedings on
it, be declared by the Chairman to be carried without question put, and the
provisions of Sect. III, cl. 10 and Sect. V, cl. 7 of this Title shall not apply
to the resolution. A resolution under clause 1 above shall contain not only a
reference to the clauses to be suspended but also a statement of the
procedure to be followed in the event of the suspension being approved.
Unless the resolution is declared carried without question put in accordance
with the preceding provisions of this clause, it shall not be moved if twenty
or more members signify their objection by rising in their places after the
resolution has been read by the Registrar.

3. Council shall be bound by the vote on a resolution under clause 1
above.'

23 Ibid., Sect. VIII, cl. 1, concerning the conferment of
degrees by Congregation (p. 16), delete `a special'.

24 Ibid., insert new cl. 2 as follows and renumber
existing cll. 2–3 as cll. 3–4:

`2. In the case of a person in any of the following categories who does not
hold, and is not qualified for, any of the Degrees (other than Honorary
Degrees) of Doctor of Divinity, Doctor of Civil Law, Doctor of Medicine, Master
of Arts, Master of Biochemistry, Master of Chemistry, Master of Earth Sciences,
Master of Engineering, Master of Mathematics, or Master of Physics of the
University, Council shall as soon as possible propose to Congregation that a
Degree of Master of Arts by Resolution be conferred upon that person
without fee, provided in every case that he or she holds both a bachelor's
and a doctor's degree (other than an honorary degree) of any university or
universities or of any such other institution or institutions as Council may
determine by decree from time to time, or that at least twenty terms have
lapsed since he or she first became a member of a university or such other
institution, or, in the case of a person who is not a member of any university,
that he or she is at least 25 years of age:

(1) the Chancellor;

(2) the High Steward;

(3) the Vice-Chancellor;

(4) the Proctors;

(5) the heads of all the colleges and other societies included in Title VII;

(6) the members of the governing bodies of all the colleges and other
societies included in Title VII except the Permanent Private Halls;

(7) the principal bursar or treasurer of each of the colleges and other
societies included in Title VII except the Permanent Private Halls, if he or she
is not a member of its governing body.

In the case of a person excluded because none of the above provisos is met,
Council shall proceed as soon as possible after one of them has been met.
Nothing in this clause shall restrict the power of Council to propose to
Congregation that a Degree by Resolution be conferred without fee upon any
person it considers appropriate.'

25 Ibid., cl. 3 (as renumbered), delete `Special'.

26 Ibid., Sect. X, cl. 1, concerning postal votes (p. 17),
delete `on a division'.

27 Ibid., proviso (b) (p. 18), after `carried or
rejected,' insert `on a division'.

28 Ibid., delete cl. 7 (a) (p. 19) and substitute:

`(a) a resolution approving the conferment of a degree of the University
(including a Degree by Diploma or an Honorary Degree);'.

29 Ibid., cl. 8, delete `special resolution ... above' and
substitute `resolution of Congregation, subject to the provisions of Section VI
of this Title'.

30 Ibid., Sect. XI, cl. 2, concerning the Annual Report of
the University, delete `the affairs' and substitute `the main items of business
which it has conducted, and on the other affairs'.

31 Ibid., after `University' insert `,'.

32 Ibid., cl. 6 (p. 20), delete `special resolution ... above'
and substitute `resolution of Congregation, subject to the provisions of Section
VI of this Title'.

Return to list of contents of the
supplement


33 Ibid., delete Sect. XII, concerning the submission of
Motions to Congregation, and substitute:


`Section XII. Of the Submission of Topics for
Discussion in Congregation

1. Either Council, or any twenty or more members of Congregation, may put
forward for discussion in Congregation any topic of concern to the University,
including any issue on which it would be permissible for it or them to submit
a resolution under the provisions of Section V of this Title, provided that, in
the case of a topic put forward by twenty or more members of Congregation,
the Vice-Chancellor may rule that topic inadmissible

(a) if it is not, in his or her opinion, a topic of concern to the
University; or

(b) if it relates to a particular college or other society, or to a
particular person other than the Vice-Chancellor.

2. Notice of a topic put forward by twenty or more members of
Congregation, signed by all the members concerned, shall be delivered to the
Registrar not later than noon on the twenty-second day before any stated
meeting at which they propose that it should be discussed.

3. Notice of a topic shall be published in the University Gazette
not later than the nineteenth day before the Congregation at which it is to
be discussed.

4. In the case of a topic put forward by Council, a member of Council shall
be invited by the Chairman to speak first in the discussion, and in the case
of a topic put forward by twenty or more members of Congregation, one of
those members shall be invited by the Chairman to speak first in the
discussion; provided that if such an invitation is declined, the Chairman may
nevertheless, at his or her discretion, invite any other members of
Congregation to speak on the topic. For the purposes of Sect. III, cl. 13 of
this Title, the person invited by the Chairman to speak first in the discussion
shall be deemed to be the mover of the item.

5. It shall be the duty of Council to give consideration to the remarks
made in the discussion, but Council shall not be bound to take any further
action in regard to the topic.

6. The operations of any of the clauses of this section may be suspended
by resolution of Congregation, subject to the provisions of Section VI of this
title.'

Return to list of contents of the
supplement


34 In Tit. IV, concerning Council (p. 34), subject to the
approval by Her Majesty in Council of clause 11 above, insert new Sect. II:


`Section II. Of the Composition of Council

1. Council shall consist of:

(1) the Vice-Chancellor;

(2) the Chairman of the Conference of Colleges;

(3), (4) the Proctors;

(5) the Assessor;

(6) a member of Congregation elected by the Conference of Colleges;

(7), (8) two persons, not being members of Congregation and not being
resident holders of teaching, research, or administrative posts in the
University or in any college or other society, who shall be nominated by
Council subject to the approval of Congregation;

(9)–(11) the Heads of the Divisions of Life and Environmental
Sciences, of Mathematical and Physical Sciences, and of Medical Sciences;

(12)–(14) three members of Congregation elected by Congregation from
members of the faculties in the Divisions of Life and Environmental Sciences,
of Mathematical and Physical Sciences, and of Medical Sciences;

(15), (16) the Heads of the Divisions of Humanities and of Social Sciences;

(17)–(20) four members of Congregation elected by Congregation from
members of the faculties in the Divisions of Humanities and of Social Sciences;

(21)–(23) three members of Congregation, not necessarily being
members of any division and not in any case being nominated in a divisional
capacity, who shall be elected by Congregation;

provided always that not more than three of the members elected under
(12)–(14), (17)–(20), and (21)–(23) above may be members of the
governing body of any one college or other society. If the outcome of any
election in Congregation would otherwise result in there being more than three
such members, the candidate (or the appropriate number of candidates)
receiving the greatest number (or the greater numbers) of votes shall be
deemed to have been elected; or, if the election is uncontested or if two
candidates receive the same number of votes, the candidates most senior (or
the appropriate number of candidates more senior) in academic standing shall
be deemed to have been elected. If in such circumstances two or more
candidates receive the same number of votes or are equal in academic
standing, as the case may be, the election of the successful candidate or
candidates shall be decided by lot. If in consequence of these provisions one
or more vacancies are left unfilled, that vacancy or those vacancies shall lapse
to the Vice-Chancellor and the Proctors jointly under the provisions of Tit.
II, Sect. IX, cl. 4 (d).

Council may co-opt up to three members of Congregation as additional members
of Council.

2. The Vice-Chancellor, or, in his or her absence, a member of Council
deputed by the Vice-Chancellor, shall take the chair at all meetings of Council.

3. Elected, nominated, and co-opted members of Council shall serve for four
years and shall be re-eligible, provided that casual vacancies shall be filled
for the remaining period of office of the member being replaced.

4. If an elected member of Council shall cease to be a member of
Congregation, his or her seat shall forthwith be vacated. If a nominated
member, having been appointed under the provisions of clause 1 (7), (8)
above, shall become a member of Congregation or the resident holder of a
teaching, research, or administrative post in the University or in any college
or other society, his or her seat shall forthwith be vacated.

5. Council may determine by decree that if an elected, nominated, or co-
opted member of Council shall have attended fewer than a prescribed number
of meetings in any academic year, his or her seat shall be vacated at the
close of such year.

6. Council shall determine by decree arrangements whereby three Junior
Members shall be entitled to attend meetings of Council except for such
matters of business as may be prescribed by decree.

7. Any member of Council, and the chairman or vice-chairman of any
committee of Council who is not a member of Council, may be relieved of such
of his or her university duties, without loss of stipend, as Council shall
determine; and Council shall be empowered to make such financial provision
as it thinks fit for the carrying out of any of the duties of which such
person has been relieved either by Council or by his or her college or other
society.'

Return to list of contents of the
supplement


35 Ibid., delete Sect. III, concerning committees of Council
(p. 35), and substitute:


`Section III. Of the Committees of Council

1. There shall always be the following committees of Council:

(a) the Planning and Resource Allocation Committee;

(b) the Educational Policy and Standards Committee;

(c) the General Purposes Committee;

(d) the Personnel Committee.

2. The composition, terms of reference, powers, and duties of the
committees listed in clause 1 above shall be determined by Council by decree.

3. Council may set up such other committees as it may from time to time
think fit. Such committees may consist wholly or partly of persons who are
not members of Council, and may consist wholly or partly of persons appointed
by persons or bodies other than Council.

4. The composition, terms of reference, powers, and duties of committees
set up under the provisions of clause 3 above shall be laid down by Council,
by decree or otherwise as Council shall think appropriate, subject to the
provisions of the statutes.

5. A complete list of all the permanent committees of Council shall be
published annually in the University Gazette in Michaelmas Term,
with the names of their chairmen (and vice-chairmen where appropriate) and
other members.'

Return to list of contents of the
supplement


36 Delete Title V, concerning the General Board (p. 39),
and substitute:


`TITLE V

OF THE DIVISIONS


Section I. Of the Number of the Divisions

1.The academic activities of the University in the sciences shall be grouped
in the following three divisions:

(1) Life and Environmental Sciences;

(2) Mathematical and Physical Sciences;

(3) Medical Sciences.

2. The academic activities of the University in the arts and humanities
shall be grouped in the following two divisions:

(1) Humanities;

(2) Social Sciences.

3. The composition of each division shall be determined by Council by
decree.

Return to list of contents of the
supplement



Section II. Of the Divisional Boards

1. There shall be a divisional board with responsibility, under Council and
subject to plans, policies, and guidelines set by Council and its committees,
for each division. The terms of reference, powers, and duties of each board
shall include the following, and such other powers and duties as may be
assigned to it by Council by decree or otherwise:

(a) the oversight of the organisation, development, and delivery of
curricula (with an equal focus on graduate and on undergraduate studies) in
collaboration with the colleges, and oversight and development of the general
context of research, in the broad subject area covered by the division
concerned, in close consultation with the units of academic administration in
the division (hereinafter referred to as `sub-units');

(b) the development and proposal, in collaboration with the colleges,
sub-units, and academic services sector, of comprehensive and detailed
strategic five-year plans and one-year operating statements covering academic,
financial, information technology, physical resource, and staffing issues,
bearing in mind the particular needs of small sub-units and interdisciplinary
activities;

(c) within the context of approved plans and statements, and of
overall university policies, the general oversight of and responsibility for all
matters concerning budgets, space, syllabus, and staffing, across the sub-
units of the division, in consultation with the colleges as thought appropriate
by the board; provided that day-to-day operational responsibility for these
matters shall be devolved to the sub-units, in the context of local plans and
budgets delegated for that purpose, and that the board shall monitor the work
of the sub-units against those plans and budgets;

(d) the periodic strategic review of particular sub-units;

(e) the approval of appointments and reappointments of academic
staff made by the sub-units (but excluding appointments which are made by
electoral boards established by statute or decree), and of appointments of
heads of department, the consideration of proposals from the sub-units on the
payment of salaries within the incremental scale for university lecturers, and
the keeping under review of the general terms and conditions of employment
of academic staff in the broad subject area;

(f) the settling of college associations for new and vacant academic
posts, on the recommendation of the sub-units following liaison with colleges;

(g) the maintenance of educational quality and standards in the
broad subject area;

(h) the consideration of reports of examiners, including external
examiners, on the advice of the relevant sub-unit or sub-units;

(i) the oversight of relationships between the sub-units, and the
consideration (for detailed and balanced recommendation to Council) of any
proposals to reorganise the sub-units;

(j) the division's relations with the colleges at the strategic and the
broad subject level, and in cases in which individual problems cannot be
resolved between the colleges and the University at the sub-unit level;

(k) the division's relations with the other divisions on matters of
common interest;

(l) the division's relations with the Committee on Continuing
Education on matters of common interest and in all cases in which planned
developments relate to part-time provision, outreach, or other continuing
education activities;

(m) the division's relations with the Committee for Educational
Studies on matters of common interest;

(n) the division's relations with the academic services sector at the
broad subject level;

(o) the division's relations with external funding agencies, subject
to overall university policies and practice;

(p) the oversight of fund raising in the broad subject area, subject
to overall university policies and practice;

(q) the regular review of the scope for further delegation of
authority from the centre to the divisions, and from the divisions to the sub-
units.

2. Each board shall make an annual report to Council on the activities of
its division in the preceding academic year, measured against the division's
agreed operating statement.

3. The composition of each board shall be determined by Council by decree.

4. There shall be a head of each division, who shall chair the divisional
board, and the arrangements for whose appointment shall be determined by
Council by decree.'

37 In Tit. VI, Sect. I, cl. 2, concerning faculties (p. 42),
delete provisos (i)–(ii) and renumber existing provisos (iii)–(iv)
as provisos (i)–(ii).

38 Ibid., proviso (i) (as renumbered), after `under
(c) above' insert `, but such "additional members" shall not
be qualified for membership of Congregation under the provisions of Tit. II,
Sect. II, cl. 1 (5)'.

39 In Tit. VII, Sect. VI, § 1, cl. 1 (e),
concerning the Permanent Private Halls (p. 50), delete `special'.

40 In Tit. IX, Sect. III, cl. 2, concerning the Vice-
Chancellor (p. 67), delete `(a)' and `; (b) ... one term'.

41 Ibid., cl. 4 (p. 68), delete `for four years' and
substitute `for five years on initial appointment, which may be extended by
reappointment for up to two further years'.

42 Ibid., delete `and four further years' and substitute
`and five further years, which may be extended by reappointment for up to
two additional years'.

43 Ibid., cl. 5, delete `member of Congregation' and
substitute `person'.

44 Ibid., delete `age of 65' and substitute `retiring age
as prescribed by Tit. X, Sect. I'.

45 Ibid., cl. 6, delete `No person' and substitute `Subject
to the provisions of clause 4 above, no person'.

46 Ibid., delete cl. 7 and substitute:

`7. The Vice-Chancellor shall be appointed or reappointed in accordance with
the following procedure:

(a) not less than one year before the initial period of office of a
Vice-Chancellor is due to come to an end by effluxion of time, a committee
consisting of:

(1) the Chancellor, or, if the Chancellor is unable or unwilling to act, one
of the members of Council nominated under the provisions of Tit. IV, Sect.
II, cl. 1 (7), (8), who shall if possible be appointed by the Chancellor for this
purpose, or, if the Chancellor is unable or unwilling to make such an
appointment, shall be appointed by Council, and who shall chair the
committee;

(2)–(5) four persons, not also being members of Council, appointed
by Congregation;

(6)–(8) three persons appointed by Council, of whom, if the
Chancellor is to chair the committee personally, one shall be one of the
members of Council nominated under the provisions of Tit. IV, Sect. II, cl. 1
(7), (8);

(9)–(13) one person appointed by each of the five divisional boards;

(14) the Chairman of the Conference of Colleges or his or her nominee;

(15) one person, not also being a member of Council, appointed by the
Conference of Colleges

shall report to Council with a recommendation either that the current Vice-
Chancellor be reappointed for a further period of not more than two years,
or that another, named, person be appointed as the next Vice-Chancellor;

(b) not less than one year before any period of reappointment to the
office of Vice-Chancellor is due to come to an end by effluxion of time, the
committee at (a) above shall report to Council with a recommendation
that a named person be appointed as the next Vice-Chancellor;

(c) the appointed members of the committee at (a) above shall
hold office for five years and shall not be eligible for reappointment until the
expiry of five years from the date on which this period of office expires,
except that a member appointed for less than a full period in order to fill a
casual vacancy may be reappointed for one full period. A member of the
committee appointed under (a) (2)–(5) or (15) above who becomes
a member of Council during his or her period of office shall forthwith vacate
his or her office; no person shall be appointed under (a) (2)–(13)
or (15) above if the result of his or her appointment would be that more than
two members of the committee, excluding the chairman, were members of the
governing body of any one college or other society. If this rule is broken by
reason of persons being appointed simultaneously by different bodies, the
person or persons senior in academic standing shall be deemed appointed to
the extent permitted by the rule, and the other or others shall be deemed not
appointed (in the event of equality in academic standing, appointment being
made by lot);

(d) when Council has considered the committee's report, and any
further report on the appointment or reappointment which it may have
requested the committee to make, Council shall submit to Congregation either
the name of the person proposed for appointment, or a proposal for the
reappointment of the current Vice-Chancellor, as the case may be;

(e) Council's proposal for the appointment of a new Vice-Chancellor
shall be deemed approved unless it is rejected with at least 125 members
voting in favour of rejection. If a proposal for the appointment of a new Vice-
Chancellor is rejected, Council shall, after consultation with the committee,
within two months nominate two persons to Congregation (of whom one may be
the person previously rejected) and offer Congregation the choice between
them;

(f) Council's proposal for the reappointment of the current Vice-
Chancellor shall be deemed approved unless it is rejected with at least 125
members voting in favour of rejection. If a proposal for the reappointment of
the current Vice-Chancellor is rejected, Council shall, after consultation with
the committee, within two months submit to Congregation the name of another
person for appointment as a new Vice-Chancellor, and the same procedure
shall apply as at (e) above;

(g) if for any reason there is no Vice-Chancellor-elect able and
willing to take up office on the laying down of office by a Vice-Chancellor, an
Acting Vice-Chancellor shall be appointed under the provisions of clause 8
below, until such time as a new Vice-Chancellor shall have been appointed
under the procedure laid down in (a)–(f) above.'

47 Ibid., cl. 9 (p. 69), delete `except the right ... clause
7 (a) above'.

48 Ibid., Sect. IV, cl. 1, concerning the Vice-Chancellor-
elect, delete `(c)'.

49 Ibid., delete `from the beginning ... office as Vice-
Chancellor'.

50 Ibid., cl. 2, after `Vice-Chancellor-elect' insert `shall
be entitled to attend and to speak at meetings of Council and of all committees
of Council from the time of the approval by Congregation of his or her
appointment to the time at which he or she takes up office, but shall not be
entitled to vote at any such meeting. He or she'.

51 Ibid., after `shall have such' insert `other'.

52 Ibid., Sect. V, concerning the Pro-Vice-Chancellors (pp.
69–70), delete cll. 1–3, substitute the following, and renumber
existing cl. 4 as cl. 2:

`1. The Vice-Chancellor may appoint any members of Congregation as Pro-Vice-
Chancellors, subject to such limitation on the number of Pro-Vice-Chancellors
and to such other conditions as may be laid down by decree.'

53 In Tit. XIV, Sect. I, cl. 1, concerning the allocation of
sites and buildings (p. 107), delete `a special'.

54 Ibid., Sect. VII, cl. 2, concerning amendments of
statutes (p. 117), delete `Title IV, Sections I and II' and substitute `Title IV,
Section I'.

55 Notwithstanding any provision to the contrary in any
of the statutes other than those listed in the Schedule to Tit. XIV, Sect. VII,
the functions previously discharged and the powers previously exercised by
the Hebdomadal Council, the General Board, faculty boards, or any other
university body shall be discharged and exercised either by Council or by
any other body or person to which or to whom Council may by decree or
otherwise delegate such responsibility under the provisions of Tit. IV, Sect.
I, cll. 3 and 4.

56 Subject to the approval by Her Majesty in Council of
clauses 1–13, this statute shall be effective from 1 October 2000 or such
later date as Council may determine by decree, provided that the members of
any body and the holder of any office set up by this statute shall, as far as
possible, be appointed in advance of that date so as to be in a position to
take up their responsibilities immediately, and that the initial periods of
appointment of the members of such bodies shall be so varied as to procure
a regular rotation of subsequent appointments; and provided also that nothing
in this statute shall have any necessary implication for the position of the
present Vice-Chancellor.

Return to list of contents of the
supplement



Key to Statute

Cll. 1 and 6 remove `Hebdomadal' from the name of Council, and a reference
in a `Queen-in-Council' statute to the General Board.

Cll. 2, 9, 16, 17, 19–22, 25, 28, 29, 32, 39, and 53 combine the currently
separate procedures for the submission of general and special resolutions to
Congregation; and increase from twelve to twenty the minimum number of
signatories required for a resolution proposed by members of Congregation
and for a request to adjourn an item of business, and from seventy-five to
125 the minimum number of votes required to make a `twenty-member'
resolution binding or to reject a statute, etc.

Cll. 3–5, 12, 23, 24, 37, and 38 remove the requirement for members of
Congregation to have an MA by Special Resolution or MA status if they do not
already have an MA or other prescribed degree of the University, while
retaining provision for the conferment of an MA by Resolution on persons who
would currently be entitled to an MA by Special Resolution. The extension of
membership to academic-related staff in grades RSII and ALC3, and the
position in regard to MA status, will be laid down by decree.

Cll. 7, 8, and 10 introduce provision for Council to be able to delegate
authority to make decrees.

Cll. 11, 34, and 54 replace the current `Queen-in-Council' statute prescribing
the composition of the Hebdomadal Council with a non-`Queen-in-Council'
statute prescribing the composition of the new Council.

Cll. 13 and 55 make general interim provision, in respect of the existing
`Queen-in-Council' and other statutes respectively, for the new governance
structures to replace the old, pending the approval of the more extensive
revisions to current legislation which will be promoted in due course.

Cll. 14 and 15 provide for the Chancellor to take the chair at meetings of
Congregation only when the business is `ceremonial'.

Cll. 18, 26, and 27 permit Council to take a division and/or subsequently to
put to a postal vote an item of business which was unopposed at the meeting
of Congregation concerned; the desirability of such a provision was indicated
by the recent general resolutions approving the key points of principle in the
second report of the Joint Working Party on Governance.

Cll. 30 and 31 require Council's annual report to Congregation to include
information on the main items of business which Council has conducted during
the year concerned.

Cl. 33 provides for Council, or twenty or more members of Congregation, to
put forward a topic for discussion in Congregation.

Cl. 35 makes general provision for the four new main committees of Council.
Further details will be laid down by decree.

Cl. 36 makes general provision for the divisions and divisional boards. Further
details will be laid down by decree.

Cll. 40–7 introduce provision for the new arrangements for the Vice-
Chancellorship.

Cll. 48–51 make appropriate new provision for the Vice-Chancellor-
elect.

Cl. 52 makes appropriate new provision for the appointment of Pro-Vice-
Chancellors. Further details will be laid down by decree.

Return to list of contents of the
supplement



2 Voting on Special Resolution expediting
legislative procedures

Explanatory note

The statutory timetable governing the submission of statutes to Congregation,
which requires first publication of a proposed statute at least nineteen days
before its promulgation, and a further period of at least fourteen days
between promulgation and proceedings on the enacting part (i.e. a total of
nearly five weeks), would result in a three-and-a-half month delay between
the promulgation on 29 June of the above statute making the main changes in
the University's governance structures and proceedings on the enacting part,
because of the intervention of the Long Vacation. Such a delay would in turn
hold up the submission of the relevant clauses, if approved by Congregation,
to Her Majesty in Council for approval, and this might endanger the
achievement of the aim of putting the new structures in place with effect from
1 October 2000 or as soon as practicable thereafter; the uncertainty would in
any case make it more difficult to carry out during 1999–2000 the
extensive preparations which will be required to constitute the new bodies in
advance and to ensure that the transition from the old structures to the new
takes place quickly and smoothly. Council therefore submits to Congregation
the following special resolution to enable the statute to be both promulgated
and passed at the same meeting; because the proposed statute has been first
published twenty-six days before its promulgation, the statutory timetable
would be shortened by a period of only seven days in the event of the
approval of the resolution.

The procedure (unless the meeting of Congregation is cancelled—see
below) will be as follows:

(a) the Registrar will read the resolution, which will then be moved
and put to the House;

(b) if the resolution is rejected, proceedings on the enacting part
will be adjourned to 12 October; otherwise,

(c) the statute will be moved and put to the House immediately after
the resolution has been carried.

Under the provisions of Tit. II, Sect. VI, cl. 3 (Statutes, 1997, p.
14; Examination Decrees, 1998, p. 1131), Council hereby requires
any member of Congregation who proposes to oppose the special resolution to
give notice of such opposition, in writing, to the Registrar by noon on
Monday, 21 June. If such notice has not been so received by that time from
at least two members of Congregation, the resolution will be declared to be
carried without question put. Members of Congregation are reminded that the
same deadline applies to notice of opposition to the preamble of the statute
(from at least two members) and a request for an adjournment (from at least
twelve members); it also applies, unless subsequently invalidated by the
rejection of the special resolution or the preamble, to notice of proposed
amendments to the statute and to notice of an intention to vote against the
enacting part (from at least two members in each case).

Return to list of contents of the
supplement



Text of Special Resolution

That the operation of Tit. II, Sect. IV, cll. 3–14 (Statutes,
1997, pp. 9–10; Examination Decrees, 1998, pp. 1126–8) be
suspended, and that the question that the statute making the main changes
in the University's governance structures do pass be put immediately after
this special resolution has been carried, or at the close of any debate on the
statute, as the case may be.

Return to list of contents of the
supplement



3 Voting on Statute promulgated on 29 June

(For form of Statute see item 1 above.)

¶ This Statute will be put to the House only if the Special Resolution
is carried (see item 2 above).

Return to list of contents of the
supplement