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Report of the Council on the regulations for the Local Examinations Syndicate

The COUNCIL beg leave to report to the University as follows:

 1. In this Report the Council propose the establishment of collaborative arrangements between the Local Examinations Syndicate and the Examinations Board of the Royal Society for the Encouragement of Arts, Manufactures, and Commerce, commonly known as the Royal Society of Arts (RSA), in the provision of school and other examinations in the UK.

 2. The Government, following its consideration of the report of Sir Ron Dearing on qualifications for the 16-19 age group, has taken powers through the Education Act 1997 to regulate the associated examinations and the organizations which conduct them. The Government has expressed the wish that the examinations in England should as soon as possible be conducted by organizations which can offer both 'academic' qualifications (GCE AS and A Level and GCSE) and 'general vocational' qualifications (GNVQs). The Local Examinations Syndicate, through the Oxford and Cambridge Examinations and Assessment Council and the Midland Examining Group, are already responsible for a full range of academic examinations and have been working for two years with the Royal Society of Arts Examinations Board (RSAEB), which is already responsible for GNVQs, to establish links between academic and vocational qualifications. The Syndicate have now negotiated a proposed agreement with the Royal Society of Arts Examinations and Assessment Foundation (REAF), which is the present member of RSAEB, whereby REAF's business would be transferred to a new company of which the University would be the sole member and which would also conduct the Syndicate's UK schools business. The new company would make a payment to REAF of £15m, in recognition of the business and assets acquired, royalty stream extinguished, and goodwill. This payment would be funded by a loan from the Syndicate.

 3. The new company, which would be limited by guarantee, and would have the University as its sole member, would be called 'Oxford, Cambridge, and RSA Examinations'. The objects of the company would be:

(i) to advance education, learning, and research;
(ii) to support the charitable objects of the University by all appropriate means, including the making of grants, donations, and other payments to the University.

The Company's affairs would be managed by a 'Governing Body' (which would perform the functions of a Board of Directors) of not more than fifteen members. This body would consist of the Chairman of the Syndicate or a deputy, the University Treasurer or a deputy, up to six persons appointed by the University, and up to seven persons appointed by the Royal Society of Arts. Provision would be made by Ordinance for the University members to be appointed by the University Council on the recommendation of the Syndicate. The Chairman of the Syndicate or a deputy would be chairman of the Governing Body.

 4. The draft Memorandum and Articles of Association of the new company are available for inspection by members of the Regent House in the University Registry, together with the draft Business Transfer Agreement and a draft subsidiary agreement between the University and the RSA (see paragraph 2 above).

 5. Certain amendments of the regulations for the Syndicate (Statutes and Ordinances, p. 134) are necessary to regulate these matters. These include provision for the Syndicate to co-opt one or two members. (In order to assist in managing the new business the Syndicate would co-opt a person or persons with experience of the RSAEB's examinations.) A new regulation (draft Regulation 10) would also permit the Syndicate, with the approval of the Council, to establish companies (either wholly-owned companies or charitable companies of which the University would be the sole member) and to transfer part of the Syndicate's work to them. (The proposed company would be established under this power.) The opportunity is also taken to propose certain other minor amendments of the regulations, of which the most significant are:

Draft Regulations 3 and 4. Replacement of the present provision for the appointment of specific Councils of the Syndicate by a general provision for the University Council, on the recommendation of the Syndicate, to appoint Advisory Councils of the Syndicate to advise and assist the Syndicate in their work.

Draft Regulation 11(f). The Syndicate currently have power to make donations to the Cambridge Commonwealth Trust; it is proposed to extend this power to cover the Cambridge Overseas Trust and other Trusts established by the University to raise funds to support students from overseas studying at the University.

Draft Regulation 13. To provide for transfers between the Syndicate and the Chest to be agreed between the Syndicate and the Council, rather than between the Syndicate and the Finance Committee as at present.

 6. These proposed amendments do not affect in any way the appointment or the conditions of service of members of the staff of the Syndicate, whether University officers or not.

 7. In formulating the proposals of this Report, the Council have been advised by their Finance Committee and by the Local Examinations Syndicate.

 8. The Council recommend:

 I.  That the regulations for the Local Examinations Syndicate (Statutes and Ordinances, p. 134) be rescinded and be replaced by the regulations set out in the Schedule to this Report.

 II.  That approval be given to the proposed arrangement with the Royal Society of Arts Examinations and Assessment Foundation referred to in paragraph 2 of this Report.

13 October 1997

ALEC N. BROERS, Vice-Chancellor BRIAN F. G. JOHNSON PENNY PEREIRA
T. S. ADKINS D. E. L. JOHNSTON SANDRA RABAN
MARTIN BOBROW JOHN A. LEAKE M. SCHOFIELD
SARAH BONNETT ANNE LONSDALE DAVID M. THOMPSON
JULIET CAMPBELL C. T. MORLEY DANIEL B. WAGGONER
A. L. R. FINDLAY ONORA O'NEILL JOAN M. WHITEHEAD
DAVID HARRISON
SCHEDULE
 1. The Local Examinations Syndicate shall consist of:
(a) the Vice-Chancellor (or a duly appointed deputy) as Chairman;
(b) the Treasurer or a deputy appointed by the Treasurer;
(c) eight members of the Regent House appointed by the Council in the Michaelmas Term to serve for four years from 1 January following their appointment;
(d) not more than two persons co-opted by the Syndicate for periods determined by the Syndicate but not exceeding four years, provided that it shall not be obligatory for the Syndicate to co-opt any person or persons.

 2. No business shall be transacted at any meeting of the Syndicate unless at least five of the members in classes (a), (b), and (c) are present.

 3. There shall be such number of Advisory Councils as the University Council may from time to time determine on the advice of the Syndicate. The function of an Advisory Council shall be to advise and assist the Syndicate in their work. Each Advisory Council shall consist of:

(a) a Chairman, who shall be the Chairman of the Syndicate or a deputy appointed by the Chairman;
(b) two members of the Regent House appointed by the Syndicate from among the members of the Syndicate in class (c);
(c) not more than four other members of the Regent House appointed by the Syndicate;
(d) not more than twenty persons appointed by the Syndicate, who shall include persons with experience relevant to the work of the Advisory Council concerned.

Members in classes (b), (c), and (d) shall be appointed in the Michaelmas Term to serve for two years from 1 January following their appointment.

 4. If a member of an Advisory Council in class (b) ceases to be a member of the Syndicate he or she shall thereupon cease to be a member of the Advisory Council concerned.

 5. The Secretary General of the Syndicate or a deputy appointed by the Secretary General shall act as Secretary of each Advisory Council established under Regulation 3.

 6. There shall be the University office of Secretary General of the Syndicate, the holder of which shall be the Chief Executive and Secretary of the Syndicate. This office shall be suppressed when it next falls vacant, and shall be replaced by the post of Chief Executive of the Syndicate. The Chief Executive shall act as Secretary of the Syndicate, and shall discharge the other duties previously assigned to the Secretary General by these regulations. There shall also be University offices of Deputy Secretary, Principal Assistant Secretary, Senior Assistant Secretary, Assistant Secretary, and Assistant to the Secretaries. The total number of such University offices and the number of offices (if any) in each category, together with the number of offices of Assistant to the Secretaries in Grade I, and the number of offices of Assistant to the Secretaries in Grades II and III, shall be determined from time to time by the University Council on the recommendation of the Syndicate. The duties of the offices specified in this regulation shall be determined by the Syndicate.

 7. Reappointments to the office of Secretary General of the Syndicate and appointments and reappointments to the post of Chief Executive of the Syndicate shall be made by the University Council on the recommendation of an Advisory Committee specially constituted on the occasion of each appointment or reappointment. Such an Advisory Committee shall consist of:

(a) the Vice-Chancellor or a duly appointed deputy;
(b) the Chairman of the Syndicate;
(c) three persons appointed by the Council;
(d) three persons appointed by the Syndicate.

 The Registrary shall act as Secretary of the Committee. Reappointments to the office of Secretary General of the Syndicate shall be made in accordance, mutatis mutandis, with the provisions of Regulation 5 for the appointment of Secretaries and Assistant Secretaries of certain Boards and Syndicates.

 8. Appointments and reappointments to an office specified in Regulation 6, other than the office of Secretary General of the Syndicate, shall be made by the Appointments Committee for the Syndicate. Such appointments and reappointments shall be subject to the following provisions:

(a) Appointments and reappointments to an office other than an office of Assistant to the Secretaries shall be made in accordance with the provisions of Regulation 5 for the appointment of Secretaries and Assistant Secretaries of certain Boards and Syndicates.
(b) Appointments and reappointments to an office of Assistant to the Secretaries shall be made in accordance, mutatis mutandis, with the regulations for the appointment of Administrative Officers (Regulation 15 of the regulations for the Unified Administrative Service). The scale of stipends of each grade of the office shall be determined by the Council on the advice of their Finance Committee, after consultation with the Syndicate.

 9. The primary work of the Syndicate shall be the conduct and administration of examinations in schools and for persons who are not members of the University, including the fixing of fees, the issue of syllabuses, and the appointment and payment of Examiners.

 10. Subject to the approval of the University Council, the Syndicate shall be authorized to establish one or more companies registered under the Companies Acts with limited liability, either wholly-owned by the University or, if charitable, of which the University is the sole member, and to transfer part of the work of the Syndicate to such company or companies. The Syndicate shall act on behalf of the University in relation to the affairs of such company or companies, except that those members of the board or governing body of each company whose appointment is the responsibility of the University shall be appointed by the University Council on the nomination of the Syndicate.

 11. Without prejudice to the generality of Regulation 9, the Syndicate shall be authorized to exercise in the name of the University in relation to the affairs of the Syndicate the following powers (being powers which for the avoidance of doubt it is desirable to mention expressly) namely:

(a) to co-operate with the Department for Education and Employment, with associations of teachers, and with other bodies in Great Britain, in the provision of examinations, and to issue certificates to successful candidates;
(b) to co-operate with educational authorities and other bodies overseas in the provision of examinations and to issue special certificates;
(c) to make arrangements for the inspection of schools on application by the school authorities;
(d) to conduct special scholarship and other examinations, primarily intended for persons who are not members of the University, such as examinations for Certificates of Proficiency in English and other modern languages, and to co-operate with other bodies for such purposes;
(e) to administer under Ordinance or Grace, or when requested by the Council, such scholarship and prize funds as have been or may be established from benefactions to the University and to award any such scholarship or prize;
(f) to make donations from time to time, subject to the approval of the Council, to the Cambridge Commonwealth Trust, the Cambridge Overseas Trust, and other Trusts established by the University to raise funds to support students from overseas studying at the University;
(g) to bring, defend, and conduct on behalf of the University any legal proceedings in connexion with the affairs of the Syndicate, provided that before instituting such proceedings they shall notify the Vice-Chancellor of their intention to do so; and they shall also notify the Vice-Chancellor, as soon as circumstances permit, of any legal proceedings threatened or brought against the University in connexion with the affairs of the Syndicate;
(h) in the name of the University to engage persons for employment in the service of the Syndicate, to determine their salaries and pensions, and to prescribe the conditions of their service, provided that the scheme for the structure of salaries, for pension arrangements, and for conditions of service of staff shall be subject to the general approval of the Council;
(i) to do anything, subject to the provisions of Ordinances, which is calculated to facilitate, or is conducive to or incidental to, the discharge of any of their functions prescribed by these regulations.

 12. The Syndicate shall make an Annual Report to the Council, to which shall be appended the audited Annual Accounts of the Syndicate.

 13. In any year in which the audited accounts show a sufficient balance the Syndicate shall pay to the Chest such a proportion of the balance as shall be agreed between the Syndicate and the Council.


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Cambridge University Reporter, 15th October 1997
Copyright © 1997 The Chancellor, Masters and Scholars of the University of Cambridge.