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CONGREGATION 25 March 2 p.m.

¶ Members of Congregation are reminded that written notice of any intention to vote against, or any proposed amendment to, the following Legislative Proposal, signed by at least two members of Congregation, must be given to the Registrar by noon on Monday, 17 March (see the Guide to Procedures in Congregation cited in the note at the end of `University Agenda').

Voting on Legislative Proposal: Botanic Garden

Explanatory note

The following Legislative Proposal submitted by Council under Part 2 of Congregation Regulations 2 of 2002 (Supplement (1) to Gazette No. 4633, 9 October 2001, p. 161), which is promoted on the recommendation of the Curators of the Botanic Garden and the Pro-Vice-Chancellor (Academic Services and University Collections), revises the governance structure of the Botanic Garden. The present body of Curators is replaced by a new body of Visitors, on which for the first time external members are permitted. This is in line with the other museums and scientific collections in Oxford, and botanic gardens nationally. The legislation also provides for the headship of the department to transfer formally from the Sherardian Professor of Botany to a newly established post of Director of the Botanic Garden, so providing the garden with a full-time head. P At the same time legislation on other aspects of the Sherardian Bequest are transferred from the legislation governing the Botanic Garden, to the University's Trust Regulations.

The Royal College of Physicians of London, which had a vested interest in this matter under the terms of the Sherardian Bequest, has consented to the changes and has waived its interest for the future.

WHEREAS it is expedient to revise the arrangements for the governance of the Botanic Garden, 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, sections 1 and 2 being subject to the approval of Her Majesty in Council, AS FOLLOWS:

1 Delete Council Regulations 46 of 2002 (Gazette, p. 513) and substitute the following as Council Regulations 3 of 2003:

`Council Regulations 3 of 2003

REGULATIONS FOR THE BOTANIC GARDEN

Made by Council on 27 February 2003, subject to the approval of Her Majesty in Council

Purpose

1. The purpose of the Botanic Garden is to assemble, maintain, and exhibit the University's collection of plants at the Botanic Garden, the Glasshouses, and Harcourt Arboretum, and to promote research, teaching, conservation, and public education based on the garden's collections.

Governance

2. The Visitors of the Botanic Garden shall be:

(1) a chairman who shall be appointed by the Vice-Chancellor;

(2) the Pro-Vice-Chancellor (Academic Services and University Collections);

(3) one of the Proctors or the Assessor as may be agreed between them;

(4) the Sherardian Professor of Botany, who shall be called Keeper of the Botanic Garden;

(5) a person appointed by the Department of Plant Sciences;

(6) a member of Congregation elected by Congregation;

(7), (8) two persons appointed by Council, who need not be members of Congregation.

3.

(1) The Visitors may co-opt up to three additional members, who need not be members of Congregation.

(2) The period of office for appointed, elected, and co-opted members shall be three years.

4. The Director of the Botanic Garden shall be the secretary to the Visitors, except that the Visitors may require him or her to withdraw from any meeting.

5. In fulfilment of their responsibilities, under Council, for the safe keeping, preservation, orderly administration, finance, and general policy of the garden in accordance with section 8 of Statute VIII, the Visitors:

(1) shall appoint, or delegate the appointment of, all staff in the garden in accordance with procedures set out in standing orders;

(2) shall prepare annually a report on the activities of the garden.

6. The Visitors shall have authority, under Council, to make such arrangements by standing order as are necessary to fulfil their responsibilities.

7. In carrying out their responsibilities the Visitors shall co-operate with the Committee for the Museums and Scientific Collections in facilitating co-ordination between the University's museums and scientific collections, particularly with respect to planning, allocation and use of resources, and the development, care, and promotion of the collections as national and international resources both for teaching and research and for public access.

Keeper of the Botanic Garden

8. The role of the Sherardian Professor of Botany as Keeper of the Botanic Garden in relation to the garden and the Visitors shall be set out in standing orders made under regulation 6 above.

Director of the Botanic Garden

9. The Director of the Botanic Garden shall be the first officer of the garden, and shall act for and be responsible to the Visitors in the exercise of their powers.

10. The Director shall be responsible under the Visitors for all strategic aspects of the operation and well-being of the garden, including:

(1) the allocation and development of space and other resources;

(2) the distribution of support and other facilities;

(3) acquisitions policy;

(4) the conservation and study of the collections, and their display and publication; and

(5) the participation in, and fostering of, scholarly work and public education within the garden.'

2 In Part 2. of Council Regulations 25 of 2002, concerning trusts (Statutes, 2000, p. 725, as redesignated as regulations by Decree (5) of 11 July 2002, and renumbered by the changes published on 24 November 2002, Gazette, Vol. 132, p. 1461; Vol. 133, p. 404), insert new § 324 as follows and renumber existing §§ 324--35 (pp. 725--30) as §§ 325--36:

`§ 324. Sherardian Bequest

The University shall maintain a library in which the bequest of books, dried plants, fruits, and seeds received by it under the will of Dr William Sherard, who died in 1728, are kept under the custody of the Sherardian Professor of Botany.'

3 In section 8 of Statute VIII (Supplement (1) to Gazette No. 4633, 9 October 2002, p. 106), delete `Curators of the Botanic Garden' and substitute `Visitors of the Botanic Garden'.

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