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)

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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'.

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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.

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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'.

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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.'

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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.'

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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.'

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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.

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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.

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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.

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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).

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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.

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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).

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