Council and Main Committees

  • Thursday 13 October 2011
  • NO. 4965
  • VOL. 142

Council of the University

Changes in Regulations

Council has made the following changes in regulations, to come into effect on 28 October.

(a) Establishment of Employer Justified Retirement Age

Explanatory Note

These changes make a number of amendments to Council Regulations 3 of 2004 to reflect the decision taken by Council, on the recommendation of the Personnel Committee and following consultation across the collegiate University, to establish an Employer Justified Retirement Age (EJRA) of 67 for academic and academic-related staff on the abolition of the statutory default retirement age (DRA).

During Michaelmas term 2010, the Personnel Committee and Council considered the potential impact of the abolition of the DRA in the context of the government consultation on this proposal. Those bodies agreed that maintaining predictable retirements through a collegial process was desirable, not least in relation to academic staff, in order to assist academic and financial planning, to promote inter-generational fairness and maintain opportunities for career progression, and to promote diversity in the workforce. Council therefore asked the officers to develop proposals that might enable the University to continue to implement a normal retirement age, for some categories of staff at least, once the DRA was phased out, and to seek legal advice as appropriate on this matter. It was recognised that, in respect of joint appointments in particular, close liaison with the colleges would be essential as the situation developed. The Conference of Colleges was therefore invited to nominate representatives to work with representatives of the Personnel Committee on this issue.

During Hilary term 2011, the Personnel Committee conducted a wide consultation exercise (with divisions, colleges and the Oxford UCU, as well as individuals via the Staff Gateway) on proposals developed by the joint group to maintain an EJRA of 67 for academic and academic-related staff, for an initial period of ten years. The consultation revealed broad and substantial support for this proposal. During Trinity term a second consultation was conducted on draft arrangements under which staff could request to continue in employment beyond the EJRA, with a right of appeal where such requests were turned down. This second consultation also indicated broad and substantial support for the proposed arrangements. In addition, the Conference of Colleges took a binding vote to maintain an EJRA of 67 in respect of the college-side of joint appointments. The arrangements set out below reflect the comments received in the second consultation.

The amendment of Council Regulations 3 of 2004 is required to give effect to Council's decision to maintain an EJRA for academic and related staff of 67 (ie 30 September immediately preceding the staff member's 68th birthday). Under the provisions of clause 3 of these regulations, Council has approved a policy on the Employer Justified Retirement Age (EJRA) and a procedure for the consideration of requests to work beyond the EJRA, which are reproduced online at www.ox.ac.uk/gazette/ejra.  

Consequential changes have also been made to the regulations in order to reflect the changes to the Universities Superannuation Scheme (USS) which came into force on 1 October 2011. In regulation 7 (2), the omission of a specific age at which staff can choose to retire reflects current legislation and the rules of the University's pensions schemes, under which staff may choose to retire no earlier than age 55. Under the changes to USS which came into effect from 1 October 2011, the normal pension age in that scheme will be 65. USS has agreed that staff who were 55 or over and had a contractual pension age of 60 on 1 October 2011 will retain a vested right to retire to an unreduced pension at age 60. Staff who choose to retire earlier than the normal pension age specified by the pension scheme will be entitled to such benefits as are provided under the rules of the relevant scheme. All current staff who are under age 55 as at 1 October 2011 will have their benefits calculated in two tranches: tranche A, relating to pensionable service up to 30 September 2011; and tranche B, relating to pensionable service after 30 September 2011.

Text of Regulations

1 In Council Regulations 3 of 2004, amend regulation 7 as follows (new text underlined, deleted text scored through):

'7. (1) Every employee of the University specified in section 13 of Statute XIV shall normally retire from employment not later than the 30 September immediately preceding his or her 66th 68th birthday., and every other employee of the University shall normally retire not later than the 31 July immediately preceding his or her 66th birthday, subject to paragraphs (2)-(4) below.

(2) Any person may elect to retire to pension on at, or at any time after, his or her 60th birthday. the minimum pension age stipulated in the rules of the pension scheme to which he or she belongs, as may be amended from time to time. Retirement benefits payable will be in accordance with the rules of the pension scheme.

(3) Council may make arrangements to provide for the continued employment in special cases of a person who wishes to remain in the employment of the University and whose services for the University it desires to retain. , but normally no person shall continue in the regular employment of the University after:

(a) if subject to the jurisdiction of the Visitatorial Board, the 30 September immediately preceding his or her 71st birthday; or

(b) if not subject to the jurisdiction of the Visitatorial Board, the 31 July immediately preceding his or her 71st birthday.

(4) (a) Any person who

(i) is subject to the jurisdiction of the Visitatorial Board, and

(ii) at 1 July 1985 held an appointment (whether or not of the University) with entitlement to hold office at least until his or her 67th birthday (or any such person then holding an appointment to which he or she was appointed on the basis that if subsequently reappointed he or she would be eligible to hold office at least until that age), and

(iii) has continuously since then held an appointment or appointments with such entitlement,

shall not be required to retire before the 30 September immediately preceding his or her 68th birthday.

(b) In determining whether such appointments have been held continuously, any interval between a successful application for, and the taking up of, an appointment shall be disregarded.

(c) Appointments accepted by, but not taken up until after, 1 July 1985 shall be deemed to be held at that date.'

2 These regulations shall be effective from 1 October 2011.

(b) Audit and Scrutiny Committee

Explanatory Note

This change in regulations shortens the term of office of the Chair of the Audit and Scrutiny Committee from five to four years so as to align it with the standard term of office on Council.

Text of Regulations

1 In Council Regulations 15 of 2002 concerning the Audit and Scrutiny Committee (Supplement (2) to Gazette No. 4628, 26 June 2002, as amended on 8 May 2003, 1 June 2006, 21 January 2010, 18 March 2010, 23 September 2010 and 9 December 2010, Gazette, Vol. 133, p. 1212; Vol. 136, pp. 1152–3; Vol. 140, pp. 444, 746; Vol. 141, p. 3; Vol. 141, p. 284), delete existing regulation 8.1 and substitute (new wording underlined):

'8.1. (1) All members of the committee, save for the Chair, shall serve for five years and shall be re-eligible for reappointment for one further and final period of five years;

(2)The Chair shall serve for a period of four years and shall be re-eligible for reappointment for one further and final period of four years.'

2 These regulations shall be effective from 1 January 2012.

(c) Establishment of Quality Assurance Subcommittee of the Education Committee

Explanatory Note

Following review by the Education Committee of the scope of its responsibilities, and in the context of the changes to the Institutional Audit methodology from 2011 onwards, the proposed regulations establish a Quality Assurance Subcommittee of the Education Committee. The composition and terms of reference of the subcommittee will allow the committee to continue its close collaboration on quality assurance matters with colleges, divisions and student representatives, and to ensure institutional oversight of quality assurance in line with national expectations.

Text of Regulations

In Part 3 of Council Regulations 15 of 2002, concerning committees reporting directly to Council or one of its main committees (Supplement (1) to Gazette No. 4634, 16 October 2002, p. 226), insert new Part 37 as follows:

'Part 37: Quality Assurance Subcommittee of the Education Committee

37.1. The Quality Assurance Subcommittee of the Education Committee shall consist of:

(1) the Pro-Vice-Chancellor (Education), or his or her nominated deputy, who shall chair the subcommittee;

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

(3)–(7) a person appointed by each division and the Department for Continuing Education;

(8)–(12) the Quality Assurance Officers from each division and the Department for Continuing Education;

(13) the Chair of the Senior Tutors' Committee;

(14) the Chair of the Graduate Committee of the Conference of Colleges;

(15) the Vice-President (Access and Academic Affairs) of the Oxford University Student Union;

(16) the Vice-President (Graduates) of the Oxford University Student Union.

37.2. The subcommittee shall report to the Education Committee at least once each term and shall meet not less than once each term.

37.3. The subcommittee will consider all quality assurance matters arising out of Education Committee's terms of reference, and in particular the University's institutional responsibility for threshold standards, quality of learning opportunities, enhancement, and public information in the context of the Academic Infrastructure.

37.4. The subcommittee will keep under review from the institutional perspective:

(1) the implications for the University as a whole of the quality indicators (including relevant data) available to divisions, the Department for Continuing Education and colleges to monitor the quality assurance of all aspects of learning and teaching and student provision;

(2) the effectiveness of the institutional policy frameworks for the quality assurance of  all aspects of learning and teaching and student provision;

(3) the reports provided by divisions, the Department for Continuing Education and other University or college bodies dealing with all aspects of the quality assurance of learning and teaching and student provision.

37.5. In addition to its termly report, the subcommittee will refer to Education Committee proposals (including recommendations) on the following matters:

(1) any major aspects of the University's preparation for Institutional Review or major changes in the national framework for quality assurance;

(2) any new quality assurance aspects of proposals for new courses, and major changes to existing courses;

(3) any issues arising from divisional and Education Committee joint reviews which warrant wider consideration and might suggest the need for institution-wide development;

(4) any major changes or concerns relating to the conduct of assessment, where there are (or may be) systemic implications for the University;

(5) any matters related to the institutional policy framework for quality assurance related to any aspect of teaching and learning and student provision where it is proposed to make significant changes to the existing framework.

37.6. The subcommittee or officers acting on its behalf shall have delegated authority to consider the quality assurance aspects of the following specific matters on behalf of Education Committee with report to the committee as appropriate:

(1) reports on the annual quality assurance templates;

(2) outcomes of the University's agreed student surveys;

(3) new course proposals and major changes in existing courses;

(4) collaborative agreements including exchange arrangements;

(5) Final Honour Schools and First Public Examination outcomes;

(6) Proctors' reports;

(7) Common Framework annual returns;

(8) divisional or Department for Continuing Education reports on internal and external examiners' reports, with special regard to the maintenance of threshold academic standards;

(9) college academic provision reports;

(10) operation of the University's services as they relate to Quality Assurance  matters, with special regard to the quality of learning opportunities;

(11) outcomes from divisional and Education Committee joint reviews, including interim reports;

(12) the institution-wide provision of information for students, via handbooks, examination conventions and websites;

(13) the effectiveness of institution-wide mechanisms for enhancement.

37.7. The subcommittee will also consider any matter referred to it for advice by Education Committee.'

(d) Committee on the University Statutes and Regulations

Explanatory Note

The following change disbands the Committee on the University Statutes and Regulations. The Committee was established in 2002 with a remit to keep the University's legislation under review and consider proposed amendments or additions to it. However, the way in which new legislation is put forward has changed over time and the function of the Committee has largely been superseded by ad hoc working groups or review panels that are now usually established specifically to review an area of activity and to make recommendations as to any changes to the legislation that are considered necessary.

Text of Regulations

Repeal Part 32 of Council Regulations 15 of 2002 concerning the Committee on the University Statutes and Regulations (made by Council on 26 June 2002, Supplement (2) to Gazette No. 4628) and renumber existing Parts 33–36 as 32–35.

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 28 October.

(a) Establishment of Chung Kin Kwok Fund

Explanatory Note

These regulations establish the Chung Kin Kwok Fund to support conservation of, and provide digital access to, the university's Chinese books, manuscripts and maps, in particular meeting the costs of providing the Ming Dynasty Map of East Asia for exhibition in Shanghai; and support the Chung Kin Kwok Chinese Studies Librarian.

Text of Regulations

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), insert new § 64 as follows, and renumber existing §§ 64–171 as §§ 65–172:

'§ 64. Chung Kin Kwok Fund

1. The University receives with gratitude the sum of £2,000,000 from The Chung Kin Kwok Education Foundation Co. Limited to be held on the trusts declared in this regulation. Further money or property may be paid or transferred to the University to be held on the same trusts. The assets so held will be known as the Chung Kin Kwok Fund ("the Fund").

2. The University shall retain the assets in the Fund as permanent endowment.

3. The University shall apply the income of the Fund:

(1) in the period ending ten (10) years from the date of the trust instrument, supporting conservation of and providing digital access to the University's Chinese books, manuscripts and maps, in particular meeting the costs of providing the Ming dynasty Map of East Asia (the "Selden Map") for exhibition in Shanghai; and

(2) thereafter, supporting the salary and expenses of the Chung Kin Kwok Chinese Studies Librarian (the "Post"). The Post holder shall be responsible for managing and promoting access to the Bodleian's Chinese collections for the purposes of educational study and research.

Any surplus income in any year shall, at the discretion of the University, be used in that year for the support of Chinese studies within the University's libraries or be placed on reserve for expenditure in the subsequent year as if it were income in that subsequent year.

4. Bodley's Librarian shall be responsible to the Curators of the University Libraries for the administration of the Fund and the application of its income.

5. The appointment of the Post holder shall be approved by Bodley's Librarian.

6. The University may in its absolute discretion in the period ending 21 years from the date of this regulation, instead of applying the income of the Fund in any year, accumulate all or any part of such income by investing it, and holding it as part of the capital of the Fund. The University may apply the whole or any part of such accumulated income in any subsequent year as if it were income of the Fund arising in the then current year.

7. The University shall have power to pay out of the income of the Fund all costs of and incidental to the creation of the Fund, and the management and administration of the Fund and the Post.

8. The University may exercise any of its corporate powers in the management and administration of the Fund in so far as those powers are not inconsistent with these regulations.

9. Regulations 1–4 and 6–11 shall be deemed to be Trust Regulations under the provisions of Part D of Statute XVI.

10. Subject to regulation 11, Council may amend, repeal or add to these regulations in accordance with Part D of Statute XVI, but no amendment is valid if it would cause the Fund to:

(1) cease to be exclusively charitable according to the law of England and Wales; or

(2) be outside the objects of the University.

11. Any amendment to regulation 3 is an amendment to the main objects of the Fund for the purposes of Part D of Statute XVI and must be approved both by Congregation of the University and subsequently by Her Majesty in Council.'

(b) Establishment of Human Sciences Developing Nations Fund

Explanatory Note

These regulations establish the Human Sciences Developing Nations Fund to provide bursaries to Human Sciences students from developing countries.  

Text of Regulations

In Part 2 of Council Regulations 25 of 2002, concerning trusts (Statutes, 2000, p. 659, 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), insert new § 168 as follows, and renumber existing §§ 168–71 as §§ 169–72:

'§ 168. Human Sciences Developing Nations Fund

1. The University receives with gratitude the sum of £96,000 from an anonymous donor, to be held on the trusts declared in this regulation. Further money or property may be paid or transferred to the University to be held on the same trusts. The assets so held will be known as the Human Sciences Developing Nations Fund ("the Fund").

2. The University shall apply the income and, in its discretion, the capital of the Fund towards providing bursaries to Human Sciences students from developing countries.

3. The administration of the Fund, and the application of its income, shall be the responsibility of the Board of the School of Anthropology and Museum Ethnography, on the recommendation of the Institute of Human Sciences.

4. The University may in its absolute discretion in the period ending 21 years from the date of this regulation, instead of applying the income of the Fund in any year, accumulate all or any part of such income by investing it, and holding it as part of the capital of the Fund. The University may apply the whole or any part of such accumulated income in any subsequent year as if it were income of the Fund arising in the then current year.

5. The University shall have power to pay out of the capital or the income of the Fund all costs of and incidental to the creation of the Fund and the management and administration of the Fund.

6. The University may exercise any of its corporate powers in the management and administration of the Fund in so far as those powers are not inconsistent with these regulations.

7. These regulations shall be deemed to be Trust Regulations under the provisions of Part D of Statute XVI.

8. Subject to regulation 9, Council may amend, repeal or add to these regulations in accordance with Part D of Statute XVI, but no amendment is valid if it would cause the Fund to:

(1) cease to be exclusively charitable according to the law of England and Wales; or

(2) be outside the objects of the University.

9. Any amendment to regulation 2 is an amendment to the main objects of the Fund for the purposes of Part D of Statute XVI and must be approved both by Congregation of the University and subsequently by Her Majesty in Council.'

Planning and Resource Allocation Committee of Council

Changes in Regulations

The Planning and Resource Allocation Committee of Council has made the following changes in regulations, to come into effect on 28 October.

Halley Professor of Physics

Explanatory Note

These changes, made on the recommendation of the Planning and Resource Allocation Committee of Council, revise the legislation which provides for the Halley Professorship of Physics in the Mathematical, Physical and Life Sciences Division to update terminology and electoral board membership categories (4)–(5) and (6)–(9) to reflect governance changes.

Text of Regulations

In Sect. III of Council Regulations 24 of 2002, concerning individual professorships (Statutes, 2000, p. 487, as redesignated as regulations by Decree (5) of 11 July 2002, Gazette, Vol. 132, p. 1461) delete existing § 465 and substitute (new text underlined, deleted text scored through):

'§ 465. Halley Professor of Physics

1. The Halley Professor of Physics shall lecture and give instruction in Physics.

2. The professor shall be elected by an electoral board consisting of:

(1) the Vice-Chancellor, or, if the head of the college specified in (2) of this clause is Vice-Chancellor, a person appointed by Council on the occurrence of a vacancy to act as an elector on that occasion;

(2) the head of the college to which the professorship shall be for the time being allocated by Council under any decree regulation in that behalf, or, if the head is unable or unwilling to act, a person appointed by the governing body of the college on the occurrence of a vacancy to act as an elector on that occasion;

(3) a person appointed by the governing body of the college specified in (2) of this clause;

(4) a person appointed by Council;

(5) a person appointed by the General Board;

(4)–(5) two persons appointed by Council;

(6)–(9) four persons elected by the Board of the Faculty of Physical Sciences Mathematical, Physical and Life Sciences Board.

3. The professor shall be subject to the General Provisions of the decree regulations concerning the duties of professors and to those Particular Provisions of the same decree regulations which are applicable to this chair.'

Congregation11 October

1 Approval of changes to Congregation Regulations 3 of 2002

No notice of opposition having been given, Mr Vice-Chancellor declared the changes to Congregation Regulations 3 of 2002 approved.

(For explanatory note and text of regulations see Gazette No. 4962, 22 September 2011, p. 3.)

2 Approval of Legislative Proposal: Glasstone Benefaction

No notice of opposition having been given, Mr Vice-Chancellor declared the Legislative Proposal concerning the Glasstone Benefaction approved.

(For explanatory note and text of legislative proposal see Gazette No. 4962, 22 September 2011, p. 3.)

Council of the University

Register of Congregation

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

Al-Azem, T, St Cross

Caiani, A A, Lady Margaret Hall

Carrick, R D, Worcester

Chabal, E, Balliol

Conlon, D G, Wadham

Fulga, T A, Weatherall Institute of Molecular Medicine

Gloag, J S G, Merton

Goldschmidt, C A, Lady Margaret Hall

Häcker, B, All Souls

Hearn, S I R, Exeter

Highcock, E G, Magdalen

Holmes, A B, Lincoln

Lill, V J, Harris Manchester

Methven, S J, Worcester

Peramatzis, M M, Worcester

Pialek, L, Research Services

Priestman, D A, Department of Pharmacology

Rounis, E, Nuffield Department of Clinical Neurosciences

Tapsell, G P, Lady Margaret Hall

Trimble, G C, Trinity

Williams, M A, Lincoln

Divisional and Faculty Boards

For changes in regulations for examinations see 'Examinations and Boards' below.