Congregation

  • Thursday 10 February 2011
  • No. 4943
  • Vol 141

Congregation22 February

22 February, 2 p.m.

¶ Members of Congregation are reminded that any two members may, not later than noon on Monday, 14 February, give notice in writing to the Registrar that they intend to oppose one or more of the legislative proposals below, or to speak or ask a question concerning the Annual Review of the University (see the note on the conduct of business in Congregation below). If no such notice has been given, and unless Council has declared otherwise, the legislative proposals shall be carried and the Annual Review shall be declared presented, and the meeting may be cancelled.

1 Voting on Legislative Proposal: quorum of Council and committees of Council

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 2002, Vol. 133, p. 161, as amended on 12 October 2004, 7 March 2006 and 14 October 2008 (Gazette, Vol. 135, p. 214; Vol. 137, p. 669; Vol. 139, pp. 4–8), proposes the establishment of a quorum requirement for Council, in accordance with the unanimous recommendation made by the Audit and Scrutiny Committee in its report to Council (the 'Governance Report'), prepared in response to eight questions posed by HEFCE (Gazette, Vol. 139, p. 551, 29 January 2009, and published online at www.ox.ac.uk/governance, recommendation 3.8, p. 69). Recognising that the quorum rules were likely to operate infrequently, Council has agreed that the quorum rules should be kept as simple as possible. The corresponding changes in regulations also introduce a quorum requirement for committees of Council.

WHEREAS it is expedient to establish a quorum requirement for Council, 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, subject to the approval of Her Majesty in Council, AS FOLLOWS.

1. In Statute VI concerning Council (Supplement (1) to the Gazette No. 4633, 9 October 2002, as amended), insert new section 19 below and renumber existing sections 19–23 as 20–24:

'19. (1) No business shall be transacted at any meeting of Council unless a quorum is present.

(2) Council shall lay down by regulation the definition of, and the application of rules governing, its quorum.'

2. This statute shall be effective from the date on which it is approved by Her Majesty in Council.

Regulations to be made by Council if the Statute is approved by Her Majesty in Council

1. In Council Regulations 13 of 2002 (Supplement (2) to Gazette No. 4628, 26 June 2002, as amended on 8 May 2003, 14 and 21 January 2010, Gazette, Vol. 139, p. 1244, 11 June 2009; Vol. 140, pp. 405 and 444), insert the heading and new regulations 1–2 below and renumber existing regulations 1–11 as 3–13:

'Quorum

1. (1) In accordance with section 19 of Statute VI, no business shall be transacted at any meeting of Council unless a quorum is present.

(2) A quorum is one third plus one of those members eligible to vote upon Council business (rounded to the nearest integer).

(3) A member who is participating in a meeting by telephone, video-conference or any other means of communication which permits all members simultaneously to hear one another, shall be considered present and therefore shall count towards the quorum.

2.   If:

(1) a quorum is not present within half an hour from the time appointed for the meeting; or

(2) during a meeting a quorum ceases to be present

the business or remaining business of that meeting shall be deferred to another meeting, whether already scheduled or to be scheduled, or shall be dealt with by the Vice-Chancellor acting under delegated authority in accordance with Council's Standing Orders.'

2. In Part 1 of Council Regulations 15 of 2002 concerning committees reporting directly to Council or one of its main committees (Supplement (2) to Gazette No. 4628, 26 June 2002, as amended), after existing regulation 1.5 insert new regulations 1.6–1.7 as follows:

'1.6. (1) No business shall be transacted at any meeting of a committee reporting directly to Council or one of its main committees unless a quorum is present.

(2) In the absence of provision in these regulations for a larger quorum, a quorum is one third of those members eligible to vote upon the business of the committee in question (rounded to the nearest integer).

(3) A member who is participating in a meeting by telephone, video-conference or any other means of communication which permits all members simultaneously to hear one another, shall be considered present and therefore shall count towards the quorum.

1.7.  If:

(1) a quorum is not present within half an hour from the time appointed for the meeting; or

(2) during a meeting a quorum ceases to be present

the business or remaining business of that meeting shall be deferred to another meeting, whether already scheduled or to be scheduled, or shall be dealt with by the chairman acting under delegated authority in accordance with the committee's standing orders.'

3. Ibid., in Part 3 concerning the Finance Committee, after existing regulation 3.60 insert new 3.61 below:

'3.61. Regulations 1.6 and 1.7 in Part 1 apply to this committee except that the quorum is one third plus one of those members eligible to vote upon the business of the committee (rounded to the nearest integer).'

4. Ibid., in Part 3 concerning the Socially Responsible Investment Review Committee, after existing regulation 3.109 insert new 3.110 below:

'3.110. Regulations 1.6 and 1.7 in Part 1 apply to this committee except that the quorum is one third plus one of those members eligible to vote upon the business of the committee (rounded to the nearest integer).'

5. Ibid., in Part 3 concerning the Joint Committee with Student Members, after existing regulation 3.131 insert new 3.132 below:

'3.132.  Regulations 1.6 and 1.7 in Part 1 apply to this committee except that the quorum is one third plus one of those members eligible to vote upon the business of the committee (rounded to the nearest integer).'

6. Ibid., renumber existing regulations 3.61–3.142.

2 Voting on Legislative Proposal: removal of Council members

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 2002, Vol. 133, p. 161, as amended on 12 October 2004, 7 March 2006 and 14 October 2008 (Gazette, Vol. 135, p. 214; Vol. 137, p. 669; Vol. 139, pp. 4–8), proposes that Council is given power to remove a member of Council, in accordance with the unanimous recommendation made by the Audit and Scrutiny Committee in the Governance Report. However, Council has decided that the power to remove a member should also be applicable to ex officio members, as an individual might be removed from Council membership for reasons that would not necessarily cause his or her removal from office.

For the avoidance of doubt, the amendments also transpose to Statute VI provisions concerning membership of committees that are currently in Council Regulations 14 of 2002 but are equally applicable to Council.

A tracked changes version of Statute VI is available online (www.admin.ox.ac.uk/council/C10191tracked.pdf).

Corrections to be made under the slip rule

Regulation 1.17 of Congregation Regulations 2 of 2002 (Regulations of Congregation for the Conduct of Business in Congregation) gives the Vice-Chancellor the power, after consultation with the Registrar and the Proctors, to correct any clerical error, slip or omission in the text of a legislative proposal which has been made.

After consultation, the Vice-Chancellor has agreed to the amendment of the legislative proposal below, to correct the following errors, and the text of the legislative proposal has been amended accordingly.

1. In new section 8 (4) of Statute VI, the cross-reference should be to 'sub-sections (1) or (3)' not 'sub-sections (1) or (2)', and should apply to 'elected external or co-opted' members, not 'elected nominated or co-opted' members.

2. In new section 9 (1)(h), the cross-reference to section 11 should refer to the determination of the 'Chancellor', not the 'General Purposes Committee of Council'.

3. In new section 12 (2), the cross-reference should be to 'section 10 (2)(b) and (3)', not 'section 10 (2)(b) and (e)'.

WHEREAS it is expedient to give Council power to remove members of Council, 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, subject to the approval of Her Majesty in Council, AS FOLLOWS.

1. In section 4 of Statute VI concerning Council (Supplement (1) to the Gazette No. 4633, 9 October 2002, amended with effect from 8 May 2003, 7 February 2007, 1 October 2008, 16 December 2008, 8 April 2009 and 10 February 2010 (Gazette, Vol. 133, p. 1335, 29 May 2003; Vol. 137, p. 788, 22 February 2007; Vol. 138, p. 991–2, 1 May 2008;  Vol. 139, p. 458, 11 December 2008, p. 932, 23 April 2009; Vol. 140, p. 748, 18 March 2010), delete 'sections 5 and 8 of this statute' and substitute 'sections 5 and 8–12 of this statute'.

2. Ibid., delete sections 6–10 and substitute:

'6. Council may, but is not obliged to, co-opt up to three members of Congregation as additional members of Council.

7. 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 and have a second or casting vote in the event of equality of voting.

8. (1) Elected or nominated members of Council Members of Council elected under section 4 (15)–(25) or appointed as an external member under section 4 (7)–(10) above shall serve for a period of four years and shall be eligible to serve for a second consecutive period of four years.

(2) The member of Council elected under section 4 (6) shall serve for such period as may be determined under the regulations of the Conference of Colleges.

(3) Members of Council co-opted under section 6 may serve for a period of up to four years and shall be eligible to serve for a second consecutive period of up four years.

(4) A member who has served two consecutive periods of four years under sub-sections (1) or (3) above shall not be eligible to serve as an elected external or co-opted member of Council earlier than four years after the end of his or her period of service.

(25) Casual vacanciesVacancies caused other than by expiry of term as a member shall be filled for the remaining period of office of the member replaced in the same manner as that member took up office except on termination of Council membership under section 9 (1) of an ex officio member serving under section 4 (1)–(5) or (11)–(14), when the vacancy shall be filled in accordance with section 10.

(36) A person who is elected or nominated to fill a casual vacancy under sub-section (2) above shall be eligible to serve as an elected or nominated external member of Council after the expiry of the period referred to in sub-section (2) above for a period of four years and shall be eligible to serve for a second consecutive period of four years.

(4) Co-opted members of Council may serve for a period of up to four years and shall be eligible to serve for a second consecutive period of up four years.

(5) A member who has served two consecutive periods of four years under this section shall not be eligible to serve as an elected nominated or co-opted member of Council earlier than four years after the end of his or her period of service.

(6) This section does not apply to the members of Council referred to in section 4 (1)–(5) or (11)–(14) above.

9. (1) If an elected member of Council ceases to be a member of Congregation, his or her membership of Council shall end immediately.

(2) If a nominated member, having been appointed under the provisions of section 4 (7)–(10) of this statute, becomes the resident holder of a teaching, research, or administrative post in the University or in any college, society, or Permanent Private Hall, his or her membership of Council shall end immediately.

10. Council may determine by regulation that if an elected, nominated, or co-opted member of Council has attended fewer than a prescribed number of meetings in any academic year, his or her membership of Council shall end at the close of that year.

9. (1) Membership of Council shall terminate:

(a) automatically on disqualification from acting as a Trustee by virtue of section 72 of the Charities Act 1993 or any statutory re-enactment or modification of that provision;

(b) for good cause, defined as behaviour incompatible with the member's duties as a Trustee of the University;

(c) automatically at the close of an academic year for absence without permission from a prescribed number of meetings in that year, as determined by regulation;

(d) automatically on a member elected under section 4 (15)–(25) ceasing to be a member of Congregation;

(e) automatically on an external member appointed under section 4 (7)–(10) becoming the resident holder of a teaching, research, or administrative post in the University or in any college, society, or Permanent Private Hall;

(f) automatically for an existing appointed, elected or co-opted member on taking office which entitles him or her to serve as an ex officio member of Council;

(g) in accordance with section 8 above on expiry of term;

(h) in accordance with section 11 below unless the Chancellor shall determine otherwise in an individual case;

(i) on acceptance by Council of the resignation of a member.

(2) The decision to remove a member under sub-section (1)(b) above shall only be made by unanimous ballot of all Council members entitled to vote (not including the member whose removal is the subject of the ballot) in accordance with a procedure laid down by Council by standing order.  

10. (1) On termination of Council membership under section 9 (1) above of an ex officio member other than the Vice-Chancellor, the appropriate body shall appoint a replacement Council member who shall serve with voting rights but that appointment shall cease automatically on a new appointment to the underlying post;

(2) for the purposes of sub-section (1) above, the appropriate body shall be as follows:

(a) under section 4 (2), the Conference of Colleges;

(b) under section 4 (3)–(4), a substitute qualified under section 17 of Statute IX shall be appointed by the head of the college or society that elected the Proctor in question, or, if the head is absent or the headship is vacant, the viceregent;

(c) under section 4 (5), a substitute qualified under section 17 of Statute IX shall be appointed by the head of the college or society that elected the Assessor, or, if the head is absent or the headship is vacant, the viceregent;

(d) under section 4 (11)–(14), the relevant divisional board.

(3) On termination of Council membership under section 9 (1) above of the Vice-Chancellor, one of the Pro-Vice-Chancellors shall be appointed chairman by the Chancellor or, in default of appointment by the Chancellor, by Council.

11. (1) No person appointed, elected, or serving as a member of Council while holding any academic post of the University or any other of the university or college posts specified in section 3 (6)–(9) of Statute IV shall continue to serve on Council after having retired from that post (or, in the case of a person retiring at different dates from those university and college posts previously held by him or her, after the date of the later of those retirements), unless the Chancellor shall otherwise determine in an individual case.

(2) No person who has previously retired from any of the university or college posts specified in section 3 (6)–(9) of Statute IV, and who does not continue to hold another such post, shall be appointed or elected a member of Council, unless the Chancellor shall otherwise determine in an individual case.

(3) No other person appointed, elected, or serving as a member of Council while not holding such a university or college post shall continue to serve on Council, and no such person shall be appointed or elected a member of Council, after the 30 September immediately preceding his or her 66th birthday, unless the Chancellor shall otherwise determine in an individual case.

12. (1) If at any time a vacancy arises through an appointing or electing body having failed to make an appointment or, in the case of an election, through insufficient nominations having been received by the due date or for any other reason, the Vice-Chancellor and Proctors shall appoint a person to the vacancy.

(2) This section shall apply to vacancies arising on termination of Council membership which in the opinion of Council have not been filled within a reasonable time by the appropriate body under section 10 (2)(b) and (3), such opinion to be determined by a two-thirds majority of those present and voting.'

3. Ibid., renumber existing sections 11–23 as 13–25.

4. In section 6 of Statute I (Supplement (1) to Gazette No. 4633, 9 October 2002, Vol. 133, p. 97, amended on 10 February 2010, Vol. 140, p. 748, 18 March 2010) insert new paragraph (12):

'(12) 'ex officio' means by virtue of office, for example, a person serving on a committee by virtue of his or her office.'

5. In section 2 (2) of Statute IV concerning Congregation (Supplement (1) to Gazette No. 4633, 9 October 2002, Vol. 133, p. 100, amended with effect from 8 April 2009, Gazette Vol. 139, p. 932, 23 April 2009), delete 'Statute VI (sections 1–18 only)' and substitute 'Statute VI (sections 1–20 only)', in section 1 (4) delete 'section 17' and substitute 'section 18', and in section 6 (5) delete 'Sections 13–18' and substitute 'Sections 15–20'.

6. In section 19 (2) of Statute XVI concerning property, contracts and trusts (Supplement (1) to Gazette No. 4633, 9 October 2002, as amended), delete 'sections 13–18' and substitute 'sections 15–20'.

7. These Statutes shall be effective from a date following their approval by Her Majesty in Council, to be announced by prior notice in the Gazette.

Regulations to be made by Council if the Statute is approved by Her Majesty in Council

1. In Council Regulations 14 of 20021  (Supplement (1) to Gazette No. 4634, 16 October 2002, Vol. 133, p. 225, as amended on 21 October 2004 and 30 November 2006, Gazette, Vol. 135, p. 245; Vol. 137, p. 458) delete regulation 1 and substitute (new text underlined and deleted text scored through):

'1. These regulations shall apply both to Council and to any 'committee' of the University as defined in section 6 (3) of Statute I.'

2. In Council Regulations 21 of 2002 concerning university officers (Supplement (2) to Gazette No. 4628, 26 June 2002, Vol. 132, p. 1417, as amended on 24 February 2005, 23 March 2006, 19 March 2008 and 26 June 2009, Gazette, Vol. 135, pp. 686, 837; Vol. 138, pp. 837–8, Vol. 140, p. 1300) delete regulation 7 and substitute (new text underlined):

'7. (1) In the event of the incapacity or the initiation of the removal procedure under Part G of Statute XII or absence from Oxford of the Vice-Chancellor, or in the event of a vacancy in the Vice-Chancellorship, one of the Pro-Vice-Chancellors shall be appointed Acting Vice-Chancellor.

(2) In the event that the Vice-Chancellor's membership of Council is terminated under section 9 (1) of Statute VI, one of the Pro-Vice-Chancellors shall be appointed chairman of Council.

(23) The appointment shall be made:

(a) by the Vice-Chancellor in the event of incapacity or absence, if the incapacity or absence is unlikely to be longer than two months;

(b) by the Chancellor if the incapacity or absence is likely to be for longer than two months, or the removal procedure under Part G of Statute XII has been initiated, or membership of Council has been terminated, or after an appointment under (a) has lasted for two months, or in the event of a vacancy in the Vice-Chancellorship;

(c) by Council in default of an appointment under (a) or (b).'

1A further change will be necessary to delete the reference to Council from regulation 6 of Council Regulations 14 of 2002 (see Gazette No. 4940, 20 January 2010, Vol. 141, pp. 332–333).

3 Presentation of the Annual Review of the University

The Annual Review of the University for 2009–10 (Supplement *1 to Gazette, Vol. 141, January 2011) will be presented and may be discussed.

Congregation10 March

Elections

Audit and Scrutiny Committee

Curators of the Sheldonian Theatre

Humanities Divisional Board

Details are in 'Elections' section below.

Note on procedures in Congregation

¶ Business in Congregation is conducted in accordance with Congregation Regulations 2 of 2002 (www.admin.ox.ac.uk/statutes/regulations/529-122.shtml). A printout of these regulations, or of any statute or other regulations, is available from the Council Secretariat on request. A member of Congregation seeking advice on questions relating to its procedures, other than elections, should contact Miss S. Cowburn at the University Offices, Wellington Square (telephone: (2)70193; email: sarah.cowburn@admin.ox.ac.uk); questions relating to elections should be directed to the Elections Officer, Ms S.L. Stacey (telephone: (2)80463, email: elections.office@ox.ac.uk).