University Acts

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COUNCIL OF THE UNIVERSITY 6 November

1 Decree

Council has made the following decree, to come into effect on 24 November.

Decree (1): Delegation by Council of the power to make decrees

Explanatory note

Under Tit. IV, Sect. I, cl. 2, as revised with effect from 1 October 2000 (Statutes, 2000, p. 33), it is permissible for Council by decree to delegate the power to make decrees. The new Council has considered the extent to which such delegation would be appropriate under the changed governance structures of the University and has made the following decree empowering its committees to make, amend, and repeal decrees in the specific areas prescribed in each case.

Such decrees will be subject to the same `negative resolution' procedure as applies to decrees of Council: i.e. they will have to be published in the Gazette and will not come into effect until the fifteenth day after the date of their publication; it will be open to twenty or more members of Congregation to give notice to the Registrar, up to noon on the eleventh day after the date of publication, of a resolution calling upon Council to annul or amend the decree in question. (The power to accept such a resolution will remain with Council, whether the decree has been made by Council itself or by another body under delegated authority.) If Council does not accept such a resolution, the matter must then be submitted to Congregation for decision.

The powers delegated to the Educational Policy and Standards Committee in respect of decrees and regulations governing examinations will normally be exercised on the committee's behalf by the Pro-Vice-Chancellor (Academic) as its chairman. The intention is that he or she should scrutinise all such proposed decrees and regulations and should either approve them or refer them to the committee itself for further consideration, as he or she considers appropriate in each case. The decree also empowers the committee itself to make decrees and regulations in appropriate cases. The proposed new arrangement will replace, and to some extent simplify, the previous arrangement whereby changes in examination decrees and regulations were submitted by faculty boards and similar bodies to the General Board's Undergraduate or Graduate Studies Committee, which in the case of decrees referred them (either directly or via the Board) to Council, while the committees themselves had authority to approve examination regulations.

The majority of applications from individual Junior Members for dispensation from the provisions of examination decrees and regulations, and from related statutes, except in cases in which the Vice-Chancellor and Proctors, or the Proctors alone, have authority to act, and in the case of applications for remission of university fees, have previously been dealt with by Council's Applications Committee where undergraduates are concerned and by the General Board's Graduate Studies Committee where graduate students are concerned. The decree also transfers these functions to the Educational Policy and Standards Committee, except responsibility for dealing with individual applications for fee remission which is transferred (from Council's Committee on Fee Remissions) to a two-person committee comprising the Assessor and the Assessor-elect, and for individual applications for dispensation from the residence limit which is transferred (from Council's Committee on Dispensation from the Residence Limit) to the Proctors (with provision for reference to the Educational Policy and Standards Committee in the event of their failure to agree).

Text of Decree (1)

1 In Ch. II, Sect. I (Statutes, 2000, p. 232), insert § 19:

`§ 19. Delegation by Council of the power to make decrees

1. The Educational Policy and Standards Committee of Council shall have power to make decrees and regulations concerning the courses and examinations for undergraduates and graduate and other students (including Recognised and Visiting Students), and to approve such decrees and regulations which the Divisional Boards and other bodies responsible for such courses propose to make under the relevant provisions. The committee shall also have power to grant (or reject) applications in individual cases in respect of any of the following matters in regard to the statutes, decrees, and regulations concerning the courses and examinations for undergraduates and graduate and other students (including Recognised and Visiting Students):

(a) dispensation from matriculation requirements;

(b) admission to the status and privileges of a Senior Student;

(c) extension of standing for honours, or for a university prize or other award;

(d) taking deleted options, forbidden combinations of subjects, subjects not provided for in regulations, or examinations under old regulations;

(e) entering examinations earlier or later than prescribed;

(f) antedating of admission and of residence;

(g) viva voce and other oral examinations;

( h) practical work;

(i) dispensation from the requirement to sit an examination or part of an examination, or from a prerequirement for an examination;

(j) subjects for the First BM Examination;

(k) extension of time within which to supplicate (beyond that which Divisional Boards, faculty boards, and other bodies are empowered to grant);

(l) reinstatement out of time;

(m) permission to transfer from one status to another out of time;

(n) extensions of time within which a student is allowed to hold Probationer Research Student status;

(o) questions relating to the direct admission to D.Phil. status of suitably qualified candidates from outside Oxford;

(p) dispensation from the prescribed period of study in Oxford (beyond that which Divisional Boards, faculty boards, and other bodies are empowered to grant);

(q) regulations governing graduate students and second or higher degrees;

(r) questions arising from the reference back by Divisional Boards, faculty boards, and other bodies of students' applications for leave to supplicate for research degrees;

(s) deeming fees paid by graduate students to another university in respect of terms covered by the antedating of admission to have been fees paid at Oxford, provided that students who have pursued a graduate course elsewhere for more than a year shall be granted the concession only in exceptional circumstances;

provided always that applications for the remission of university fees, other than those specified above and university tuition fees, shall be determined jointly by the Assessor and the Assessor-elect, and applications for dispensation from residence requirements, other than those specified above, shall be determined by the Proctors; and that if the Assessor and the Assessor-elect, or the Proctors, as the case may be, are unable to agree on how to deal with any individual application, they shall refer that application to the committee for decision.'

2. The General Purposes Committee of Council shall have power to make, amend, and repeal decrees concerning any of the following matters, provided that it shall bring forward to Council for decision any case which it considers to raise particular difficulties:

(a) the allocation of a statutory post to a college or other society, or the association of a statutory post with a college or other society, and any changes in such allocations or associations (in cases in which a decree is necessary);

(b) the establishment of a new trust or other special fund for grants, lectures, prizes, fellowships, scholarships, collections, or similar matters, and any changes in existing decrees governing such funds (in cases in which the making of such provisions by decree is permissible in law);

(c) the establishment of a new committee, and any changes in decrees governing existing committees, except (in either category) in regard to committees which report, or which it is proposed should report, directly to Council;

(d) the removal of anomalies in existing decrees, and the making of consequential amendments to existing decrees which have been overlooked in earlier legislation.

3. The Personnel Committee of Council shall have power to make, amend, and repeal decrees concerning any of the following matters, provided that it shall bring forward to Council for decision any case which it considers to raise particular difficulties:

(a) the appointment of individual members of boards of electors for the duration of proceedings to fill a particular vacancy (in cases in which a decree is necessary);

(b) the conferment of the title of Visiting Professor or Visiting Lecturer (in cases in which a decree is necessary);

(c) the amendment of Ch. VII, Sect. I, § 7, governing the payment of special allowances to certain heads of departments, subject to the approval of the Planning and Resource Allocation Committee of Council as to the financial implications of each such proposed amendment.

4. The Planning and Resource Allocation Committee of Council shall have power to make, amend, and repeal decrees concerning any of the following matters, provided that it shall bring forward to Council for decision any case which it considers to raise particular difficulties:

(a) the university fees payable by Home/EU students and by overseas students, within such policy in that regard as may be laid down by Council from time to time;

(b) the fees, other than fees under (a) above, payable by candidates for examinations, and related fees (such as the matriculation fee and fees in respect of degree certificates);

(c) the establishment of a new statutory post, and any changes in decrees governing existing statutory posts (in cases in which the making of such provisions by decree is permissible in law).

The committee shall also have power to delegate to the Divisional Boards, at its discretion and within such guidelines as it may agree from time to time with the boards, authority to make decrees under (c) above.

5. The Committee on Statutes before the Privy Council shall have power to make, amend, and repeal decrees, pursuant to the Universities of Oxford and Cambridge Act, 1923, consenting to proposed changes in the statutes of the colleges of the University, provided that it shall bring forward to Council for decision any case which it considers to raise particular difficulties.

2 In Ch. IX, Sect. I, § 351, concerning the van Houten Bequest (p. 737), before `Council' insert `the Planning and Resource Allocation Committee of'.

3 In Examination Decrees, 2000, p. 1113, ll. 15--17, delete `Council may ` the fee' and substitute `On application by the society of the member of the University concerned, and subject to the provisions of Ch. II, Sect. I, § 19, cl. 1, some part of the fee may be remitted'.

4 Ibid., delete ll. 18--20 and substitute: `On application by their society, and subject to the provisions of Ch. II, Sect. I, § 19, cl. 1, some part of the fee for an academic year may subsequently be returned to those who do not work in Oxford for the whole of that year.*'

5 Ibid., p. 1115, l. 34, delete `Council' and substitute `Council's Educational Policy and Standards Committee'.

6 Ibid., p. 1116, delete ll. 3--6 and substitute: `11. Council's Educational Policy and Standards Committee shall have power to approve exchange arrangements with other universities under which no fees are payable on either side. Any of the fees prescribed in cl. 15 below, and the matriculation fee prescribed in § 1 of this Section, which would otherwise have been payable by any person working in Oxford under those exchange arrangements shall be remitted.'

7 Ibid., delete ll. 15--16 and substitute: `Subject to the provisions of Ch. II, Sect. I, § 19, cl. 1, any fees payable under cl. 3 above in respect of such term or terms may be remitted, either wholly or in part.'

8 Ibid., l. 17, delete `Where' and substitute `Subject to the provisions of Ch. II, Sect. I, § 19, cl. 1, where'.

9 Ibid., l. 19, delete `Council shall have power to remit'.

10 Ibid., l. 21, after `Oxford' insert `may be remitted'.

11 Ibid., p. 1117, l. 32 and p. 1121, l. 37, in each case delete `Council' and substitute `Council's Educational Policy and Standards Committee'.

Key to Decree (1)

Cl. 1 empowers Council's Educational Policy and Standards Committee to make and to approve changes in examination decrees and regulations, and to grant dispensation from them to the same extent as has previously been the responsibility of Council's Applications Committee and the General Board's Graduate Studies Committee. It empowers Council's General Purposes Committee, Personnel Committee, Planning and Resource Allocation Committee, and Committee on Statutes before the Privy Council to make decrees governing certain other straightforward matters, as specified in each case.

Cl. 1, together with cll. 3, 4, and 7--10, also empowers the Assessor and the Assessor-elect to deal with the majority of individual applications for fee remission (other than remission of university tuition fees, since the Assessor is normally a member of the Fees Panel dealing with such cases at first instance), and the Proctors to deal with applications for dispensation from the residence limit, subject to reference to the committee in the event of their failure to agree.

Cl. 2 empowers Council`s Planning and Resource Allocation Committee to approve expenditure from the van Houten Fund (subject, as at present, to the agreement of the Chancellor and the Vice-Chancellor).

Cll. 5, 6, and 11 empower Council's Educational Policy and Standards Committee to approve (a) special arrangements for JCR-sponsored overseas students, (b) academic exchange schemes whereby no fees are payable on either side, (c) recommendations from a Fees Panel that outstanding university tuition fees be remitted, and (d) the `bench fee' payable by non-members of the University working in a science laboratory or clinical academic department.

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3 Register of Congregation

Mr Vice-Chancellor reports that the following names have been added to the Register of Congregation:

Abrams, L.J., MA, Balliol
Berry, R.M., MA, D.Phil., St Catherine's
Biggs, M.P., MA, Nuffield
Campana, A., New College
Clayden, D.A., BA, St Anne's
Daniell, D.J., MA, Hertford
Engle-Warnick, J.C., MA, Nuffield
Eyster, E.W., MA, Nuffield
Gaddis, J.L., MA, Balliol
Jedwab, J., Worcester
Lamond, G.I., BCL, MA, D.Phil., Balliol
Loennecke, A., Hertford
McDonnell, J.M., MA, Somerville
McNamee, R.V., D.Phil., Lincoln
Marago, O., Linacre
Mayhew, D.R., MA, Nuffield
Percy, A.C., University Counselling Service
Pulman, S.G., MA, Somerville
Soroka, S.N., MA, Nuffield
van de Werfhorst, H.G., MA, Nuffield
Wu, D.C.M., MA, D.Phil., St Catherine's
Wu, J., Linacre

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CONGREGATION 4 November

Conferment of Honorary Degree

The Degree of Master of Arts, honoris causa, approved by Special Resolution of Congregation on 21 March 2000, was conferred upon GRAHAM PYE, Honorary Fellow of University College.

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FINANCE COMMITTEE

For changes in financial regulations, to come into effect on 24 November, see `Examinations and Boards' below.

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