University Acts

Contents of this section:

[Note. An asterisk denotes a reference to a previously published or recurrent entry.]

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COUNCIL OF THE UNIVERSITY

Changes in Regulations

Council has made the following changes in regulations, to come into effect on 16 May.

College Contributions

1 Delete Council Regulations 28 of 2002 (Supplement (1) to Gazette No. 4629, 10 July 2002, p. 1450, as corrected by p. 1558) and substitute the following as Council Regulations 3 of 2003:

`Council Regulations 3 of 2003

REGULATIONS FOR COLLEGE CONTRIBUTIONS

Made by Council on 1 May 2003 1.

(1) These regulations are made under the provisions of Statute XV, and references to sections are to the sections of that statute unless otherwise stated.

(2) The definitions set out in section 1 apply to these regulations.

2. The sum payable by each college under section 5 shall be calculated as follows, the unit of statutory endowment income for a particular financial year being an amount decided by Council by regulation on the recommendation of the College Contributions Committee before the end of that year:

Payment to be made in Hilary Term, based on accounts for the immediately preceding financial yearc
2000 2001 2002 2003 2004 2005 2006 2007 2008
In respect of the first 8 units of
statutory endowment income
Nil Nil Nil Nil Nil Nil Nil Nil Nil
In respect of the next unit 2.5 3.0 3.5 4.0 4.5 5.0 5.0 5.0 5.0
In respect of the next unit 5.0 6.0 7.0 8.0 9.0 10.0 10.0 10.0 10.0
In respect of the remainder 7.5 9.0 10.5 12.0 13.5 15.0 15.0 15.0 15.0

Ascertaining the Statutory Endowment Income of a college

General

3. All receipts of the nature of income shall be included without any exclusions or deductions except as mentioned below.

Particular instances

4. Any income-tax recoverable by a college shall be included if it was paid or deducted in respect of income which was itself statutory endowment income.

5. Underwriting commissions earned by a college and royalties payable to a college in respect of any copyright shall be included.

6. The full amount of the rent (excluding any local taxes or related charges paid to the college for onward transmission to the local authority) payable to a college in respect of any tenancy shall be included subject to a deduction for any rent which may be irrecoverable but with no deduction for any rent which may be waived.

7. If a college retains agricultural land unlet and uses it for agriculture, a fair rent shall be notionally attributed to it, but the standard deduction under regulation 22 below shall be allowed.

8. If a college allows the head or a fellow of the college or a person employed by it to occupy a hereditament outside the curtilage of the college and owned or leased by the college, the gross value of such a hereditament for local taxation or related charging purposes shall be treated as the rent payable irrespective of any rent paid or reduction made in emoluments, but the standard deduction under regulation 22 below shall be allowed.

9. A quarter of the net proceeds of the sale of timber and a third of the gross proceeds of any minerals or mineral rights belonging to a college shall be treated as statutory endowment income.

10. Receipts which under the provisions of the Universities and College Estates Acts of 1925 and 1964 are required to be treated as capital moneys shall not be treated as statutory endowment income. 11. Income of funds established under section 29 of the Universities and College Estates Act, 1925 (as amended) and approved by the committee shall not be treated as statutory endowment income. 12. Income of any pension fund, whether existing at the time of the making of these regulations or created subsequently, conducted or contributed to by a college and approved by the College Contributions Committee shall not be treated as statutory endowment income. 13. Commissions payable to a college in respect of insurances effected by it on its own behalf shall not be included.

General exclusions

14. Statutory endowment income shall not include any money received by a college:

(1) which arises from carrying out its functions as an institution for education and research; or

(2) except as mentioned in regulation 16 below, which arises from the use or letting of land within the curtilage of the college or land used by the college directly in connection with those functions.

15. Under regulation 14 (1) above there shall be excluded from statutory endowment income all fees, dues, establishment charges, charges for meals paid to the college by its members, and such proportion (if any) of the rent paid to the college by student members for furnished accommodation outside the college as the College Contributions Committee may think reasonable.

16. Under regulation 14 (2) above there shall normally be excluded payments received by the college for the use of college buildings for conferences or for the use of its sports facilities by outsiders when not required by its own members; but there shall be included payments received by the college for the use of college buildings or of sports facilities under arrangements which in the opinion of the College Contributions Committee give the user virtually exclusive use for a substantial period.

Benefactions

17. Benefactions, whether of a single sum or recurring, shall not be treated as statutory endowment income, except that:

(1) any income resulting from the investment of such benefactions shall be so treated; and

(2) where a benefaction takes effect as a legal or equitable assignment of a right to income of an income-producing asset, the income so assigned shall be treated as statutory endowment income.

Income received by a college as sole trustee

18. All income of a trust of which a college is sole trustee shall (whether applied or retained or accumulated) be treated as statutory endowment income except as provided in regulation 21 below.

Payment or application of money by trustees of trusts other than trusts of which the

college is sole trustee 19. In the case of a payment by trustees to a college or the application by trustees of money for any purpose of a college the moneys paid or applied shall not be treated as statutory endowment income in so far as they are paid or applied out of moneys which are capital in the hands of the trustees.

20. Where the moneys are paid or applied out of moneys which are income in the hands of the trustees, then they shall be treated as statutory endowment income if (but only if) the college or some purpose of the college was the named or described beneficiary or (otherwise than solely as being a college of a university or of Oxford University) one of the named or described beneficiaries under the instrument or instruments creating the trust.

Income of trusts applicable for external purposes

21. If any income receivable by the college under the terms of any trust must under the trust be applied for some purpose wholly outside the objects of the college, then (whether the college is or is not the trustee of the trust) any income which must be so applied shall be disregarded in calculating statutory endowment income.

Permissible deductions

22. (1) Standard deductions. There shall be allowed a standard deduction of:

(a) 25 per cent in respect of the full amount of rents from agricultural land;

(b) 40 per cent in respect of the full amount of rents from non-agricultural land which is let on terms that the tenant is not responsible for any structural repairs;

(c) 10 per cent in respect of the full amount of rents from non-agricultural land let on other terms (including, at gross value for local taxation or related charging purposes, college houses outside the curtilage occupied by the head, fellows, or employees);

(d) 5 per cent in respect of the gross amount of interest and dividends.

(2) Deductions in respect of leaseholds. In the case of leasehold land held by a college there shall be deductible:

(a) any rent paid by the college; and

(b) any annual sum which is paid or applied by the college for the purpose of recouping the capital moneys applied by the college to the purchase of a lease.

(3) Any annual sum paid or applied under paragraph (2) (b) above shall not be greater than an amount calculated either on the 3.5 per cent table for the period which the lease has still to run from the year in which it was purchased by the college or, if the college so decides initially, on the premium on a leasehold redemption policy for that lease.

(4) Deduction of interest. Any interest paid by a college shall be deductible.

(5) Exceptional obligations. If a contributing college makes to the college Contributions Committee a written application on the ground that its endowment income or some part of that income is burdened by some charge or obligation of an exceptional nature in respect of which a deduction ought fairly to be made (whether imposed on the college or accepted voluntarily by the college for reasons which the committee considers reasonable having regard to the interest not necessarily only of the college but if appropriate also of the University and colleges as a whole), the committee shall consider that application and may in its discretion decide what deduction (if any) shall be allowed to the college in respect of that charge or obligation.

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Annual statement of statutory endowment income and college contributions

23. At the same time as submitting its annual financial statements under section 8, each college shall also submit a statement, in the form set out in the Schedule to these regulations, giving details of its statutory endowment income for the financial year concerned and of the calculation of any contributions payable on that income.

24. A statement duly submitted under regulation 23 above shall satisfy the requirements of section 11, and of regulation 3 of the Regulations for the Accounts of the Colleges, and shall be certified by the auditors of the college's financial statements in accordance with the provisions of regulations 4--9 of those regulations (with any necessary substitutions).

SCHEDULE

Statutory Endowment Income and College Contribution

Year ended 31 July ...

GROSS ASSESSABLE INCOME
(Include under this head all amounts which fall to be brought into account under regulations 1--21 above)
£ £
Rent:
Agricultural land ...
Non-agricultural land:
Let on terms that the tenant is responsible for any structural repairs ...
Let on other terms ...
Gross value for local taxation or related charging purposes of college houses outside the curtilage occupied by the head, fellows, or employees ... ...
—— ——
Interest and Dividends ...
Income from connected trusts which falls to be brought into account under regulations 18--20 ...

Other ...
—— ——
TOTAL GROSS ASSESSABLE INCOME ...
—— ——
PERMISSIBLE DEDUCTIONS
(Under regulations 21 and 22 above)
21.Income from connected trusts which must be applied solely for external purposes ...
22.(1)Standard deductions:
In respect of the full amount of rents from agricultural land, £... at 25% ...
In respect of the full amount of rents from non-agricultural land let on terms that the tenant is not responsible for any structural repairs, £... at 40% ...
In respect of the full amount of rents from non-agricultural land let on other terms, £... at 10% ...
In respect of gross value for local taxation or related charging purposes of college houses outside the curtilage occupied by the head, fellows, or employees, £... at 10% ...
In respect of the gross amount of interest and dividends, £... at 5% ...
(2), (3) In respect of leaseholds:
Rent payable ...
Amortisation of lease premium ...
(4) Interest ...
(5) Allowances for exceptional obligations ... (...)
—— ——
STATUTORY ENDOWMENT INCOME £...
======== ========

CONTRIBUTION PAYABLE
On £... Nil
On £... at ...% ...
On £... at ...% ...
On £... at ...% ...
—————— ———— ————
£... £...'
====== ====== ======

2 These regulations shall first apply to the accounts for the financial year ending 31 July 2003.

[These changes introduce new regulations for the calculation of contributions by colleges to the College Contributions Fund, which are needed because of the replacement of the old (`Franks') format of College Accounts with a new format for the current financial year. The new regulations do not, however, alter in any way the existing basis of the college Contributions Scheme.]

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GENERAL PURPOSES COMMITTEE OF COUNCIL

Changes in Regulations

The General Purposes Committee of Council has made the following changes in regulations, to come into effect on 16 May.

Note: new wording is indicated by underlining.

(a) Information and Communications Technology Committee and Computing Services

1 In Council Regulations 15 of 2002, concerning the Information and Communications Technology Committee (Supplement (1) to Gazette No. 4634, 16 October 2002, p. 235, as renumbered by the changes published on 31 October 2002, p. 352), delete regulations 3.47--3.48, substitute the following,[1] and renumber existing regulations 3.49--3.102 as regulations 3.54--3.107:

`3.47. The committee shall be responsible for the following matters:

(1) the formulation and continued development of a strategy for information and communications technology in furtherance of the University's aims and objectives;

(2) co-ordinating strategic planning on ICT throughout the collegiate University, liaising with and where appropriate providing guidance and advice to Council and its committees, the academic divisions, the academic services sector, other university bodies, and colleges, societies, and Permanent Private Halls;

(3) the strategic planning of the University's IT and telecommunications networks;

(4) general policy with regard to the operation of the IT network in the collegiate University, including:

(a) liaising with the academic divisions, the academic services sector, other university bodies, and colleges, societies, and Permanent Private Halls on any steps needed to ensure its effective operation for the collegiate University as a whole; and

(b) advising Council on these matters as necessary;

(5) considering and advising Council and its committees, the academic divisions, the academic services sector, and other university bodies on all matters relating to information and communications technology, and co-ordinating on these matters with colleges, societies, and Permanent Private Halls;

(6) making, amending, and publishing regulations, subject to approval by Council, for the control, management, and security of the use of the University's ICT facilities;

(7) co-ordinating and approving, in so far as is necessary in the particular circumstances, applications in response to external funding opportunities for ICT developments.

3.48. The committee shall consider, and advise Council on, the strategic development of management information systems in the collegiate University in so far as they concern ICT, including the ICT components of management information projects and the relationship of such projects to the University's ICT strategy and ICT infrastructure.

3.49. The committee shall have authority to make such other arrangements by standing order as are necessary to fulfil its responsibilities.

3.50. The committee shall be responsible for the strategic oversight of the operations and budget of the Computing Services, which shall include:

(1) advising and instructing the Director of the Computing Services as required in order for the Director to fulfil the duties of his or her office; and

(2) subject to the provisions of any statute or regulation of general application, the appointment and determination of the duties and conditions of service of the Director of the Computing Services, and the determination of the terms and conditions of appointment and level of salary scales which shall be applied to staff of the Computing Services other than the Director.

3.51. The purpose of the Computing Services shall be to support the provision of ICT in the University both directly and indirectly.

3.52. The Computing Services may also provide services to organisations which are not part of the University, on conditions to be approved by the committee from time to time.

3.53. The Director of the Computing Services shall be first officer of the Computing Services, and in that capacity shall report to the committee in the performance of his or her duties.'

2 In Council Regulations 23 of 2002 (Statutes, 2000, p. 289, as redesignated as regulations by Decree (5) of 11 July 2002, and renumbered by Decree (1) of 16 May 2002, Gazette, Vol. 132, pp. 1190, 1461), delete Sect. XXVIII, concerning the Computing Services.

[These changes, made on the recommendation of the ICT Committee, bring the regulations governing the ICT Committee into line with its operation under the governance structure, and provide new regulations governing OUCS in place of the former regulations which were set out separately in the Regulations for Other University Bodies.]

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(b) Establishment of Christensen Fund Post-doctoral Fellowship in Chinese Painting

In Part 2 of Council Regulations 25 of 2002, concerning trusts (Statutes, 2000, p. 609, as redesignated as regulations by Decree (5) of 11 July 2002, and renumbered by the changes published on 14 November 2002, Gazette, Vol. 132, p. 1461; Vol. 133, p. 404), insert new § 48 as follows and renumber existing §§ 48--59 (pp. 609--16) as §§ 49--60:

`§ 48. Christensen Fund Post-doctoral Fellowship in Chinese Painting

1. The benefaction from the Christensen Fund which comprises a grant of US $404,800, together with any further donations for this purpose, shall be used to support a Christensen Fund Post-doctoral Fellowship in Chinese Painting at the Ashmolean Museum of Art and Archaeology (`the Fellowship').

2. The University shall retain all of the benefaction as permanent endowment and shall apply the net income of the endowment towards the maintenance of the Fellowship.

3. The administration of the fund and the application of its income shall be the responsibility of the Visitors of the Ashmolean Museum.

4. Regulation 3 above may be amended by Council.'

[This change establishes the new fellowship with an extremely generous benefaction from the Christensen Fund, a Californian non-profit corporation.]

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(c) Elizabeth Hannah Jenkinson Fund

In Part 2 of Council Regulations 25 of 2002, concerning trusts (Statutes, 2000, p. 663, as redesignated as regulations by Decree (5) of 11 July 2002, and renumbered by the changes published on 14 November 2002, Gazette, Vol. 132, p. 1461; Vol. 133, p. 404), delete § 182 and substitute:

`§ 182. Jenkinson Fund

1. The University shall retain all of the Elizabeth Hannah Jenkinson Fund (`the Fund') as permanent endowment, and shall apply the net income of the Fund to the encouragement of research work in Embryology.

2. Grants from the Fund shall be used to support research on normal and experimental Embryology of Animals undertaken by graduates of the University who have obtained Honours in Zoology in the Final Honour School of Natural Science, or in the Final Honour School of Pure and Applied Biology, or in the Final Honour School of Biological Sciences.

3. The administration of the Fund, and the application of its income, shall be the responsibility of the Linacre Professor of Zoology.

4. Regulations 2 and 3 above may be amended by Council.

[This change, made on the recommendation of the Life and Environmental Sciences Board, extends eligibility for awards to graduates who have gained Honours in either the Final Honour School of Pure and Applied Biology or the Final Honour School of Biological Sciences. Both the Pure and Applied Biology and the Biological Sciences Final Honour Schools post-date the benefaction, and the change restores eligibility for awards to all students who have obtained Honours in subjects with a zoological content.]

(d) Winchester Award Fund

In Part 2 of Council Regulations 25 of 2002, concerning trusts (Statutes, 2000, p. 751, as redesignated as regulations by Decree (5) of 11 July 2002, and renumbered by Decree (3) of 7 June 2001, Decree (2) of 31 January 2002, and the changes in regulations published on 14 November 2002, Gazette, Vol. 131, p. 1114; Vol. 132, pp. 698, 1461; Vol. 133, p. 404), delete § 377 and substitute:

`§ 377. Winchester Award Fund

1. The moneys establishing the Bapsybanoo Marchiness of Winchester Award Fund (`the Fund') shall be retained by the University as permanent endowment, and the net income of the Fund shall be applied to the award to a student or students of the University who in research or study while pursuing graduate studies at the University has or have achieved distinction in the area of international relations, in particular as concerned with human rights and fundamental freedoms.

2. The administration of the Fund and the application of its income shall be the responsibility of the Department of Politics and International Relations which shall establish a board of management for the Fund.

3. One or more awards shall normally be given annually and shall be suitably advertised within the University.

4. The number and value of the awards shall be determined by the board of management.

5. Regulations 2--4 above may be amended by Council.'

[This change, made on the recommendation of the Committee for the Cyril Foster and Related Funds, assigns responsibility for the Winchester Fund to the Department of Politics and International Relations and makes provision for more than one award to be made annually.]

(e) Pavry Memorial Fund

In Part 2 of Council Regulations 25 of 2002, concerning trusts (Statutes, 2000, p. 706, as redesignated as regulations by Decree (5) of 11 July 2002, and renumbered by the changes published on 14 November 2002, Gazette, Vol. 132, p. 1461; Vol. 133, p. 404), delete § 264 and substitute:

`§ 264. Pavry Memorial Fund

1. The moneys establishing the Dasturzada Dr Jal Pavry Memorial Fund (`the Fund') shall be retained, by the University as permanent endowment, and the net income of the Fund shall be applied to the award to a student or students of the University who in research or study while pursuing graduate studies at the University has or have achieved distinction in the area of international peace and understanding.

2. The administration of the Fund and the application of its income shall be the responsibility of the Department of Politics and International Relations which shall establish a board of management for the Fund.

3. One or more awards shall normally be given annually and shall be suitably advertised within the University.

4. The number and value of the awards shall be determined by the board of management.

5. Regulations 2--4 above may be amended by Council.'

[This change, made on the recommendation of the Committee for the Cyril Foster and Related Funds, assigns responsibility for the Dasturzada Dr Jal Pavry Memorial Fund to the Department of Politics and International Relations and makes provision for more than one award to be made annually.]

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CURATORS OF THE UNIVERSITY LIBRARIES

Change in Regulations

The Curators of the University Libraries have made the following change in regulations, to come into effect on 16 May.

Note: new wording is indicated by underlining.

Regulations relating to the use of the facilities of the Oxford University Library Services

In Libraries Curators Regulations 1 of 2002, concerning the use of the facilities of the Oxford University Library Services (Supplement (2) to Gazette No. 4630, 24 July 2002, p. 1536), delete regulation 2 and substitute:

`2. In these regulations `material' means any material, including electronic material, owned by or in the possession or custody of a library or library service.'

[This change makes clear that the word `material' includes electronic material, and refers to the material of a library service as well as that of a library in the narrower sense.]

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CONGREGATION 29 April

Declaration of approval of Resolutions approving the allocation of sites

(1) Blackwell's Scientific Offices

That the Blackwell's Scientific Offices building comprising about 3,250 sq.m. of floor space be allocated to the University Library Services.

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(2) Christian Building, Begbroke

That about 940 sq.m. of floor space in the Christian Building be reallocated from the Department of Materials to the Directorate of the Oxford University Begbroke Science Park.

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COUNCIL OF THE UNIVERSITY

Register of Congregation

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

Burnet, P.W.J., Faculty of Clinical Medicine

Cross, J.E., University Offices

Deller, J.G., Sub-Department of Inorganic Chemistry

Palmer, A.M., MA, St Catherine's

Papadopoulos, M., Faculty of Music

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DIVISIONAL BOARDS AND BOARDS OF FACULTIES

For changes in regulations for examinations, to come into effect on 16 May, see `Examinations and Boards' below.

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