University Gazette, 23 April 2009: University Acts
COUNCIL OF THE UNIVERSITY
Changes in Regulations
Council has made the following changes in regulations, to come into effect on 8 May.
1 In Council Regulations 15 of 2002, concerning committees reporting directly to Council (Supplement (2) to Gazette No. 4628, 26 June 2002), delete existing regulations 3.30–3.34, concerning the College Contributions Committee (p. 1397), and renumber existing regulations 3.35–3.125 as 3.30–3.120.
2 Delete existing Council Regulations 1 of 2005, concerning College Contributions (Gazette, Vol. 135, p. 1110, 2 June 2005) as amended on 21 September 2006 (Gazette, Vol. 137, p. 2) and substitute new Council Regulations 1 of 2009.
REGULATIONS FOR COLLEGE CONTRIBUTIONS
Council Regulations 1 of 2009
Made by Council on 23 April 2009
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. (1) The College Contributions Committee established by section 3 shall consist of
(a) a Chairman appointed by the Vice-Chancellor;
(b)–(d) three members appointed by Council, one of whom shall be appointed from among its own members;
(e)–( h) four members elected by the Conference of Colleges.
(2) The appointed and elected members shall hold office for four years.
(3) The committee shall be responsible to Council:
(a) for the proper administration of the Fund; and
(b) for the distribution of income from the Fund in accordance with these Regulations.
(4) The committee shall have the power (subject to regulation 7 below):
(a) to make rulings on the income of colleges for the purpose of the Scheme, and on their consequent liability to contribute;
(b) to call for reports from colleges to amplify their financial statements and calculations;
(c) to determine what grants or loans from the Fund will meet the purpose of the Scheme;
(d) to carry out whatever investigation may be necessary in order to ascertain that grants and loans have been used as intended; and
(e) to charge interest on late payment of contributions at the official rate of interest (that is to say, the rate applicable under Section 178 of the Finance Act 1989, or any statute amending or replacing that Section).
(5) The committee shall review the scheme after five years of operation and report to Council on its performance.
3. The sum payable by each college under section 4 shall be calculated as follows:
(1) The total annual sum to be transferred to the Fund shall set by Council. The aggregate contribution of the colleges to the Fund shall be capped at £3m per annum; and the contribution of the University shall be capped at £2m in 2008/9 and £1m in each subsequent year.
(2) Contributions under these regulations shall be made for a fixed period of ten years, the final contribution being made on the basis of the annual accounts prepared by colleges as at 31 July 2017. No contributions under these regulations will be levied thereafter.
(3) The bands and rates of contribution for a particular financial year shall be set by Council by regulation on the recommendation of the committee before the end of that year. If the total sum raised from the colleges exceeds the agreed amount, the committee shall have the power to order a rebate to colleges pro rata (rebating in equal proportion to all contributing colleges). If the sum raised from colleges falls short of the agreed amount the committee shall, if necessary, adjust the contribution rate in the following year to make up the deficit.
(4) The bands and rates for 2008/9 shall be as follows:
On the first £30m of taxable assets: NIL
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.
4. In order to calculate contributions, assets will be computed on the basis of the aggregate of the following:
(1) total funds less tangible fixed assets per the consolidated audited financial statements of the college at 31 July;
(2) 30 per cent of conference and function income included in the consolidated audited financial statements of the college at 31 July, multiplied by 100/4; and
(3) total funds per the consolidated audited financial statements of any entity over which the college exercises control or dominant influence, or whose objectives are mainly or exclusively confined to the benefit of the college, if the financial statements of that entity are not consolidated with those of the college'such financial statements to be drawn up not more than twelve months preceding the 31 July at which the college's financial statements are drawn up;
(4) funds included in total funds per the consolidated audited financial statements of the college at 31 July which must be applied by the college as sole trustee for purposes wholly outside the objects of the college; and
(5) allowances for exceptional obligations, multiplied by 100/4.
5. Conference and Function Income.
(1) There shall be excluded from conference and function income all fees, dues, establishment charges and charges for meals which are paid to the college by or on behalf of junior members of the college who are members of the University; and also charges paid to the college by senior members of the college in connection with their employment by the college, or in connection with their membership of the college or its common room.
(2) Conference and function income shall otherwise include all fees and charges paid to the college by or on behalf of all parties, including visiting students who are not members of the University, and all fees and charges paid to the college in respect to conferences and functions organised by or on behalf of members of the college.
6. Exceptional Obligations.
(1) Exceptional obligations recognised by the College Contributions Scheme prior to 2007/8 will not be carried forward into the Scheme from 2008/9 onwards.
(2) Notwithstanding regulation 6 (1), if a contributing college makes to the college Contributions Committee a written application on the ground that its endowment 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 at its discretion decide what deduction (if any) shall be allowed to the college in respect of that charge or obligation.
7. (1) The committee shall make recommendations to Council at least once a year on the allocation of the income of the College Contributions Fund to and between the colleges, with the proviso that the committee may recommend that no allocation be made.
(2) The criteria for making an award will be satisfied if a college can provide evidence to show that:
(a) the college has a low endowment per student, the calculation of which shall be decided by the committee; and
(b) it is below a median or target value in one or more categories for which grants will be awarded as defined by the committee; and
(c) it makes a case for support.
8. Appeal to Council. A college aggrieved by a decision of the committee may appeal to Council.
Statement of Assets and Contribution
[These regulations, made on the recommendation of the College Contributions Committee, set down the terms of a new College Contributions Scheme which establishes an endowment fund into which contributions from both colleges and the University will be paid over a finite period of ten years. The University is empowered to raise contributions from the colleges; in the last forty years, this power has been used to redistribute funds to low endowment colleges. The Scheme envisages that, after ten years, no further contributions will be raised for this purpose. The new regulations revise the remit of the College Contributions Committee to cover management of the endowment fund (and relocate the regulations governing the committee within the Regulations for College Contributions). They also set out the manner in which contributions are calculated and create an appeal process. The tax bands and tax rates set out in regulation 3 (4) are under review; the College Contributions Committee will consult with the colleges and put in place any revision which may be proposed before the collection of contributions in March 2010.]
Committee to Review Donations (corrigenda)
When the regulations establishing the Committee to Review Donations were published (Gazette, pp. 888-9, 26 March), and membership of certain committees was revised following changes in the portfolio of the Pro-Vice-Chancellor (Research, Academic Services and Collections) (Gazette, p. 507, 15 January), consequential changes to the regulations concerning the Socially Responsible Investment Review Committee were overlooked.
1 In regulation 3.93 (3) in Council Regulations 15 of 2002 (Gazette, Vol. 138, p. 836, 19 March 2008), delete 'Donations Acceptance Review Committee' and substitute 'Committee to Review Donations'.
2 Ibid., in regulation 3.93 (2) delete 'Pro-Vice-Chancellor (Research, Academic Services and University Collections)' and substitute 'Pro-Vice-Chancellor (Research)'.
COUNCIL OF THE UNIVERSITY
Register of Congregation
Mr Vice-Chancellor reports that the following names have been added to the Register of Congregation:
Allen, C.P., Brasenose
Boivin, N.L., Sub-faculty of Archaeology
Brown, S.A., Nuffield Department of Orthopaedics, Rheumatology and Musculoskeletal Sciences
Brunner, T.B., Gray Institute for Radiation Oncology and Biology
Bull, S.J., Department of Public Health
Cheikh Ismail, L.I.A., Nuffield Department of Obstetrics and Gynaecology
Cooper, D.E., Nuffield Department of Surgery
Couldrey, M.O., Department of International Development
Courtney, J.M., Careers Service
Craven, D.A., Christ Church
Cutter, D.J., Clinical Trial Service Unit and Epidemiological Studies Unit
De Araujo, M.J.R., Christ Church
Dutton, S.J., Linacre
Fatum, M., Nuffield Department of Obstetrics and Gynaecology
Finney, J.M., Nuffield Department of Clinical Medicine
Fisher, J.B., Faculty of Anthropology and Geography
Garlick, A.P., Christ Church
Gluenz, E.M., Faculty of Physiological Sciences
Grahl, S.D.G., New College
Heneghan, C.J., New College
Heyworth, H.M., Nuffield Department of Orthopaedics, Rheumatology and Musculoskeletal Sciences
Hodge, S.M., St Cross
Hyde, D.S., Magdalen
Kendal, A.R., Trinity
Lambert, A., Nuffield Department of Obstetrics and Gynaecology
Lane, S.M., Faculty of Clinical Medicine
Merrifield, S.I., Personnel Services
Nethononda, R.M., Green Templeton
Niskanen, S.K., Jesus
Ptak-Danchak, A., Keble
Sneddon, S.M., Linacre
Teanby, N.A., St Anne's
Walker, L.J., Balliol
DIVISIONAL BOARDS AND BOARDS OF FACULTIES
For changes in regulations for examinations, to come into effect on 8 May, see 'Examinations and Boards' below.