Report

Report of the Council on the Technical Review of the Statutes

The Council begs leave to report to the University as follows:

1. The Council, in its Report published on 28 June 2012 (Reporter, 6272, 2012–13, p. 747; http://www.admin.cam.ac.uk/reporter/2011-12/weekly/6272/index.shtml), put forward draft New Statutes and Special Ordinances for approval in principle by the Regent House. Following a period of consideration over the summer and a Discussion in October 2012, the Regent House gave its approval in principle to the New Statutes and Special Ordinances by Grace on 9 November 2012 (Grace 1 of 31 October 2012, Reporter, 6283, 2012–13, p. 106).

2. The Privy Council has reviewed the draft positively and the Council has also taken note of the comments made at the October 2012 Discussion and subsequently. As a consequence the need for one or two further changes has arisen since approval in principle was given, which are reflected in the revised drafts of the New Statutes and Special Ordinances forming Appendices I and II to this Report. However, no major issues have come to light since approval in principle was given and Council now considers that substantive approval for the draft New Statutes and Special Ordinances in the form attached should be sought from the Regent House.

3. The changes made since approval in principle was given are as follows:

(a) In New Statute A, III, 6 the words 'or partly prescribing' have been deleted, as these words do not appear in Section 7(1) of the Oxford and Cambridge Act 1923, which the relevant provision otherwise reflects.

(b) A reference to the Chancellor having the power to call congregations (New Statute A, I, 3) has been added to Special Ordinance A (i), to correct the current inconsistency between existing Statutes A, VIII, 2 and A, I, 3.

(c) The requirement for all Graces submitted to the Regent House to be approved by Council appeared both in Statute A, IV, 1(d) and Statute A, VIII (c). The wording in Statute A, IV, 1(d) was considered preferable so it has been adopted but moved to Statute A, VIII (c), from which the duplicated provision has been deleted.

(d) Statute B I has been amended to include certain matters which it had been intended would be addressed in Ordinance. As these issues affect the Colleges, however, they have been reinserted in statute as their removal would require the specific consent of the Colleges under the Oxford and Cambridge Act 1923.

(e) Since the provisions for the removal of the Vice-Chancellor from office (formerly Chapter VII of Statute U) have been included in Statute C, III, 11–14, none of the remaining provisions of the current Statute U apply to the Vice-Chancellor. This had been recognized in previous drafts by the deletion of what is currently Statute U, I, 3(a) from Chapter I, Section 3 of the Schedule to Statute C, but further consequential amendments required to the remainder of Section 3 had not previously been included.

(f) The provisions of Statute G, IV, which relate to certain Colleges having graduate status and which it had been suggested should be repealed, have been reinstated into New Statute G, IV, as their repeal represented a substantive change which went beyond the scope of the Technical Review.

(g) After consultation with the University and Colleges Joint Committee, the statutory reference to Professorial Fellowships in New Statute G, IV, 6 has been deleted, leaving only a reference to Fellowships, with the existing provisions regarding Professorial Fellowships remaining in Special Ordinance.

(h) The amendments to existing Statute U were approved by Her Majesty in Council on 13 March 2013 (Reporter, 6302, 2012–13, p. 413; http://www.admin.cam.ac.uk/reporter/2012-13/weekly/6302/section1.shtml#heading2-6), and have accordingly been included as existing statutory material in the Schedule to New Statute C. It is proposed that the Ordinance comprising the revised Grievance Procedure which was simultaneously adopted should become a Special Ordinance with the adoption of the New Statutes, and Chapter VI, 2 of the Schedule to Statute C has been amended accordingly.

4. Minor clerical errors have also been corrected and the provisions relating to individual funds in Statute E have been included. Changes to the text since approval in principle was given are indicated on the version of the New Statutes and Special Ordinances now submitted for substantive approval in Appendices I and II. The consequential amendments required to Ordinance are in preparation and will be submitted to the Regent House while the Privy Council approval for the New Statutes is being awaited. The original cross-referenced version of the Statutes previously approved in principle is contained in the full pdf version published in the Reporter of 28 June 2012.

5. The Council recommends that:

I. Subject to approval by Her Majesty in Council, the existing Statutes of the University (including the Schedules) be repealed in their entirety and the New Statutes forming Appendix I be adopted as the Statutes of the University.

II. With effect from and conditional upon the approval by Her Majesty in Council of Recommendation I above, the Special Ordinances forming Appendix II be enacted.

Report including Appendices

Appendix I - Proposed New Statutes for substantive approval

Appendix II - Proposed New Special Ordinances for substantive approval

28 May 2013	L. K. Borysiewicz, Vice-Chancellor	David Good	Rosalyn Old
	N. Bampos	Andy Hopper	Susan Oosthuizen
	Charles Bell	Fiona Karet	Rachael Padman
	Jeremy Caddick	F. P. Kelly	Shirley Pearce
	Stephen J. Cowley	Robert Lethbridge	John Shakeshaft
	Athene Donald	Mark Lewisohn	Sam Wakeford
	I. M. Le M. Du Quesnay	Rebecca Lingwood	I. H. White
	Nicholas Gay	Mavis McDonald	A. D. Yates