Skip to main contentCambridge University Reporter

No 6242

Friday 4 November 2011

Vol cxlii No 7

pp. 124–160

Section II: Guide from the present to the proposed new (and continuing) Statutes

Present Statute A: The Chancellor and the Government of the University

Summary

The substance of the provisions of this Statute are proposed for transfer to new Statute A, where other provision about the government of the University will also be presented.

Present A, I. The Chancellor and the Senate

The substance of this chapter is restated in new A, I with no change of substance, except that the requirement that voting for the Chancellor and the High Steward be in person is proposed for repeal to permit further flexibility as to election arrangements. The constitution of the Senate is restated in clarified form, without change of substance.

Present A, II. Powers of the University

Some stylistic changes are proposed, and later some material may be proposed for transfer in or out of this chapter.

Present A, III. The Regent House

The present chapter is amplified by referring to the electoral, deliberative, and legislative functions of the Regent House (new A, III, 1); by differentiating between Special Ordinances, made and amended after Report, and ordinary Ordinances (new A, III, 3); and by transferring detailed provision for the arrangements for the Roll of the Regent House to Ordinances (new A, III, 5). The present provision for the age limit for membership in classes (b), (d), and (e) is under separate review, the results of which would be included in new A, III, 6.

Present A, IV. The Council

The chapter is largely rewritten, with amplified provision for Committees of the Council. Present A, IV, 1, about the powers of the Council, is not amended in substance, except by adding references to the Council’s duties under Acts of Parliament, and to the responsibilities of members of the Council as charity trustees for the University. Present A, IV, 2, about the composition of the Council, is restated in simplified form, differentiating between elected and appointed members, and with greater flexibility about student representation (so as to continue to permit election, or other arrangements). Detailed provision in present A, IV, 3–7 about elections is proposed for transfer to Special Ordinances made under new A, IV, 3. Present provision for the chairmanship (present A, IV, 9) and frequency of meetings (A, IV, 10) is continued.

Present A, V. Committees of the Council

The provisions of this chapter are restated in new A, IV, in simplified form (new A, IV, 7), with provision for the Finance Committee (new A, IV, 8–9) and the Audit Committee (new A, IV, 10). The detailed composition of the Audit Committee is to be determined by Special Ordinance.

Present A, VI. Boards and Syndicates

The present general provisions are retained in revised form in new A, VI. However, the specific requirements in the present chapter for there to be a Board of Graduate Studies and a Board of Examinations are proposed for repeal, to give greater future flexibility. The present provision for the Local Examinations Syndicate will be proposed for transfer elsewhere (from present A, VI, 2(b)).

Present A, VII. The Board of Scrutiny

New A, VII restates the principal provisions of the present chapter, and makes provision for additional duties to be specified by Special Ordinance, and, to achieve greater flexibility, for provision about election (present A, VII, 3), disqualification of administrative officers (present A, VII, 4) and minor procedural matters (present A, VII, 5) to be transferred to Ordinances.

Present A, VIII. Conduct of Business

To achieve future flexibility, detail in the present chapter is proposed for transfer to Special Ordinances.

Present Statute B: Matriculation, Residence, Degrees, Discipline

This Statute is replaced by the proposed new Statute B about education and research, and degrees (consultation paper 4) and proposed new Statute D, about discipline and the courts (consultation paper 6).

Present B, I. Matriculation

New B, IV, 1 makes provision for matriculation. Provisions for affiliated students (present B, I, 5–6) are covered by a new provision for Ordinances for courses and examinations (new B, IV, 1 and 2). Resignation (present B, I, 7) is dealt with in simplified form in new B, IV, 2. Detailed provision is to be made by Ordinance.

Present B, II. Terms, residence

Provision is to be made by Ordinance for the dates of the three terms and full terms (new B, I, 3). The detail of present B, II is deleted. Residence requirements are regulated by new B, IV, 2.

Present B, III. Degrees

Simplified provision is made in new B, III, 1 for degrees generally and for degrees not named there to be continued or established by Special Ordinance. Other detailed provision would be made by Ordinance. Provision is made for the present B, III, 6 M.A. in new B, II, 2 (which also deals with incorporation from Oxford and Dublin).

Present B, IV. Titles of degrees

This provision (which is about honorary degrees) is transferred to new A, II, 8.

Present B, V. Sermons, Commemorations

This provision is transferred to new A, X, 6.

Present B, VI. Discipline and the University Courts

This provision (and related provision from present Statute U) is brought together, and somewhat simplified, in new Statute D. For further detail, see section I of this paper and consultation paper 6.

Present Statute C: Schools and Faculties

The principal provisions of this Statute are transferred in restated and simplified form to new A, V, which deals with the General Board, The Schools, Councils and Heads of Schools, Faculty Boards, Departments, and Degree Committees. Under new A, V, 4 the assignment of Faculties and Departments to Schools is to be by Special Ordinance. Provision for Degree Committees is to be made under Ordinance by General Board regulation (new A, V, 10). Detailed provisions in the present Statute C, if of continuing importance, are to be regulated by Special Ordinances, Ordinances or regulations made by the General Board.

Present Statute D: The University Officers

Much provision from this Statute is transferred to new Statute C, which also includes provision for University employment generally and continuing provision related to academic staff from present Statute U (consultation paper 8).

Present D, I. General provisions, and present D, II. Duties and leave of absence

Restated in simplified form in new C, I. Sabbatical leave for University Teaching Officers is to be regulated by Special Ordinance (new C, I, 2).

Present D, III. The Vice-Chancellor, and present D, IV. The Pro-Vice-Chancellors

Restated with minor stylistic changes in new C, III and C, IV (and may be amalgamated later, with consequent re-numbering).

Present D, V. The High Steward, the Deputy High Steward, the Commissary

Provision for these three high offices is transferred to new Statute A, I. Provision for the review jurisdiction of the Commissary (present D, V, 6–15) is transferred to new A, IX, together with other review provisions. The scope of the jurisdiction has been clarified (new A, IX, 4, first sentence). The opportunity has also been taken to exclude student matters which can now be taken to the national Office of the Independent Adjudicator (new A, IX, 4(a)). The Office has recently expressed the view that it is appropriate for the University to consider this step, to speed up the resolution of cases.

Present D, VI. The Proctors

Restated in new C, V with some simplification.

Present D, VIII. The Orator

Restated with some simplification in new C, VI.

Present D, VIII. The Registrary

Restated in slightly simplified form in new C, VII. Provision is also made for other administrative offices to be designated in a schedule, to be approved by Grace (new C, VII, 2).

Present D, IX. The Librarian

This long chapter is largely replaced by a simplified chapter, with Special Ordinances to regulate the appointment and determination of duties and responsibilities (new C, VIII). The present reference to the Library Syndicate in D, IX is covered by the provision for Boards and Syndicates in new A, VI.

Previous D, X. The Treasurer

Already repealed.

Present D, XI. The Director of the Fitzwilliam Museum

Simplified provision in new C, IX. The present reference to the Fitzwilliam Museum Syndicate is covered by the provision for Boards and Syndicates in new A, VI.

Present D, XIV. The Professors, and present D, XV. Elections to Professorships

General provision for professorships is made in new C, XII, 1–3, with detailed provision to be made in schedules and Special Ordinances.

Present D, XVI. The Readers

Simplified provision in new C, XIII. Appointment processes to be regulated by Special Ordinances.

Present D, XVII. University Lecturers, and present D, XVIII. University Senior Lecturers

Simplified provision in new C, XIV. Provision to be made by Special Ordinances for the appointments of Senior Lecturers (C, XIV, 2). University Lecturers to be appointed by Appointments Committees (C, XIV, 3).

Present D, XIX. Associate Lecturers

Proposed for repeal. Replacement provision to be made under new C, I, 1(c).

Present Statute E: Trust Emoluments, to be retitled Trusts

As indicated in consultation paper 7, it is proposed to make some stylistic changes to Chapter I (about general provisions), to conform to the style adopted generally in the proposed Statutes, and to delete some obsolete material from E, I, 3. No changes are proposed to chapters II to XLVII

Present Statute F: Finance and Property

This Statute is extensively updated in new Statute F, dealing with finance, audit, planning and resource allocation, and buildings. For more detail see section I and consultation paper 5.

Present F, I. Financial matters

Restated in new F, I, 1. Responsibility stated to be with the Council ‘supported by the Finance Committee’. A specific duty is placed on the Council to make financial regulations (new F, I, 1(e)).

Present F, II. The Chest, Audit

Restated in simplified form in new F, I, 2–6.

Present F, III. Financial powers and investment

Restated in new F, III, but may be transferred in whole or part to new A, II.

Present Statute G: Obligations of Colleges

Present G, I. The obligations of Colleges in respect of Fellowships

This long chapter about professorial fellowships is replaced by a short provision in new G, IV, 2 which restates the obligation to have professorial fellowships, but with further provision to be made by Special Ordinance.

Present G, II. College contributions and the Colleges Fund

The future form of this provision is still under discussion.

Present G, III. Accounts

The future form of this provision is still under discussion.

Present G, IV. Membership of a College

Present G, IV, 1, which makes general provision for membership of Colleges (and special provision for King’s College), is repeated in substance in new G, IV, 1.

Present G, IV, 2–5 about Wolfson College, St Edmund’s College, Lucy Cavendish College, and Hughes Hall is, subject to the agreement of those Colleges, proposed for repeal, as obsolete.

Present G, V about the Inter-Collegiate Advisory Committee on Scholarships is obsolete and is proposed for repeal.

Present Statute H: Approved Foundations and Approved Societies

The provisions in H, I and H, IV (the only two present chapters in Statute H, about Approved Foundations and Approved Societies respectively) are restated in simplified form (without change of substance) in new G, I, 2–3 (Approved Foundations) and new G, I, 4–5 (Approved Societies).

Present Statute J: The University Press

As indicated in consultation paper 3 (summary paragraph) it is not now proposed to amend present Statute J in the review process.

Present Statute K: Commencement, Interpretation, Invalid Proceedings

General

A principle of the review has been that as far as possible provisions such as those in this present Statute should be included in the same Statutes as the substantive statutory material to which they relate.

Present K, 1. Commencement

Revised provision is in new A, X, 1.

Present K, 2. Determination of the meaning of a Statute

Transferred to the new ‘review’ chapter of Statute A (new A, IX, 2).

Present K, 3 and K, 4.

Present K, 3(a). List of Full Colleges

Transferred to new G, I, 1.

Present K, 3 (b) – and K, 4. Interpretation

Replaced by general provision in new A, X, 5, and in new A, X, 3 (a)–(e).

Present K, 5. Compliance with the Statutes and Ordinances

Transferred to the new ‘review’ chapter of Statute A (new A, IX).

Present K, 6. Casual vacancies

Special Ordinances under new A, X, 8(a).

Present K, 7. Publication in the Reporter

Continued in new A, X, 3(e).

Present K, 8. Failure to attend meetings

Special Ordinances under new A, X, 8(b).

Present K, 9. Majorities, quorums etc.

Special Ordinances under new A, X, 8(c).

Committees and delegation: Special Ordinances under new A, X, 8(d), subject to the continued requirement that delegation does not relieve the delegating body of responsibility for the matter delegated.

Previous K, 10–12.

Already repealed.

Present K, 13. 1856 Act provisions.

Spent.

Present K, 14. Commencement of present (and continuing) Statute E

Provided for in new E, I and new A, X, 1.

Present K, 15. Casting votes in committees etc.

Special Ordinances under new A, X, 8(c).

Present K, 16. Committee etc. membership following resignation

To be provided for in Statute A (not yet drafted).

Present K, 17. Signature of Reports

Provision under new A, X, 4.

Present K, 18. Returning officer’s casting vote in elections

New Statute A, X, 5.

Present K, 19. Exclusion of students from membership of University bodies

Otiose.

Present K, 20. Reserved business (students)

Special Ordinances under new A, X, 8(e).

Present K, 21. Continuing references to the Treasurer and the Secretary General

Continued by new A, X, 7.

Provision for commencement will also be made in individual Statutes where this is more appropriate.

Present Statute T: Temporary provisions

General

Some provisions which are believed to be spent are proposed for repeal. Otherwise the approach taken is that temporary provisions about particular matters should accompany the substantive treatment of those matters at the appropriate point in the body of the Statutes (unless Ordinances made under the new A, X, 2 are sufficient replacement).

Present T, 1.

Spent.

Previous T, 2–14, 16, 18–22, 27–28, 30–40, 43–47, 49.

Already repealed.

Present T, 15, 17, 23–26, 29, 52–55, 57.

Spent.

Present T, 41. FSSU.

To be preserved by or under new Statutes A or C (provision not yet drafted).

Present T, 42. B, III, 6 M.A. (pre-1974).

Apparently spent.

Present T, 48. Redesignation of the LL.B.

To be preserved by or under new Statute B (provision not yet drafted).

Present T, 50. The Council of the Senate and the Financial Board

To be preserved by or under new Statute A (provision not yet drafted).

Present T, 51. Examining

To be preserved by or under new Statute C (provision not yet drafted).

Present T, 56. 1925 Act

If necessary, to be transferred to new or continuing Statute G, II (provision not yet drafted).

Present Statute U: Academic Staff

Summary

Provision for the University Courts contained in present Statute U is proposed for transfer to the new Statute D about Discipline and the University Courts, where it is consolidated with provision from present Statute B, VI. Other provision in present Statute U is proposed to be in or under new Statute C about University officers and employment in the University, as explained in consultation paper 8. Provision is made in new Statute C for the progressive repeal of transferred material from the present Statute U, as it is replaced by new provision made by the University under the new Statute. In the meantime the detailed provision in the present Statute is preserved in the new schedule.

Present Chapter U, I. Construction, Application, and Interpretation

The ‘guiding principles’ set out in present U, I are continued in the new C, I, 4 (governing the Special Ordinances which will progressively be made to replace provisions of present Statute U). Pending this replacement, the relevant continuing provisions of Statute U (with one exception) are transferred to the new Schedule U of new Statute C, by new Statute C, I, 9, which also empowers their eventual replacement in whole or part by Special Ordinances. The exception is that provision in present Statute U, VII, about the removal of the Vice-Chancellor from office, is transferred without change of substance to sections 11–13 of new Statute C, III (which brings together statutory provision for the office).