Statutes and Ordinances of the University of Cambridge
Statute K
COMMENCEMENT, INTERPRETATION, INVALID PROCEEDINGS

1. These Statutes shall take effect on and after the first day of October in the year nineteen hundred and twenty-six, and from and after that date the following Statutes in force before that time, namely, Statutes A, B, C, D, and E and the Statute intituled ‘Private Hostels’, are hereby repealed save and except as otherwise provided by Statute. But this repeal shall not operate so as to invalidate any order, election or appointment made or thing done under the Statutes hereby repealed, or to revive or restore any Statute, order, or trust, or any power or provision repealed or abrogated by the said Statutes.

2. If any doubt arises as to the true meaning of any Statute of the University, or of any Statute for the University and any one or more of the Colleges in common, the Council may apply to the Chancellor, who shall then declare in writing the meaning of the Statute in question, and such declaration shall be registered by the Registrary of the University, and the meaning of the Statute as therein declared shall be deemed the true meaning thereof. The University shall defray the cost of any legal advice obtained by the Chancellor for the performance of his or her duty under this section.

3. In any Statute or Ordinance

  1. (a)the term College shall include each of the Colleges severally known as Peterhouse, Clare College, Pembroke College, Gonville and Caius College, Trinity Hall, Corpus Christi College, King's College, Queens’ College, St Catharine's College, Jesus College, Christ's College, St John's College, Magdalene College, Trinity College, Emmanuel College, Sidney Sussex College, Downing College, Girton College, Newnham College, Selwyn College, Fitzwilliam College, Churchill College, [New Hall,] 〈Murray Edwards College,〉1 Darwin College, Wolfson College, Clare Hall, Robinson College, Lucy Cavendish College, St Edmund's College, Hughes Hall, 〈Homerton College〉2 and shall include Approved Foundations so far as is provided in the Statute relating thereto;
  2. (b)and (c) (Repealed by Grace 2 of 20 May 1964 and by Order in Council dated 29 January 1965.)
  3. (d)the term Council of the Senate shall mean the Council;
  4. (e)the term General Board shall mean the General Board of the Faculties;
  5. (f)the term Academical year shall mean the year beginning on the first day of the Michaelmas Term;
  6. (g)the terms reside and residence shall have such meanings as the University may declare them to have in the context;
  7. (h)the term person in statu pupillari shall mean a member of the University (in which term shall be included a member of a College, or of an Approved Society, resident in the University with a view to matriculation) who has not been admitted to an office in the University (or to a post in the University Press specially designated under Statute J, 7 or to an appointment approved by the University for the purpose of Statute A, III, 7(e)), or to a Fellowship or office of a College, or to a degree which qualifies the holder for membership of the Senate under Statute A, I, 6(c), and is of less than three and a half years’ standing from admission to his or her first degree (if any);
  8. (i)the term University Precincts shall mean the area within such boundaries in and about Cambridge as may be defined by Ordinance;
  9. (j)the term Reader shall not include the Sandars Readership in Bibliography;
  10. (k)the term appointed shall include the meaning co-opted unless in any Statute or Ordinance that meaning is expressly or by necessary implication excluded;
  11. (l)for the purpose of any Statute or Ordinance of the University, unless otherwise specified therein, the term Fellowship of a College shall mean any Fellowship of a College other than an Honorary Fellowship, and the term Fellow of a College shall mean the holder of such a Fellowship;
  12. (m)a Fellow of a College with dividend shall mean a Fellow who is entitled to a share of the divisible balance of the corporate revenue of the College in each year, or of any other funds applicable to the payment of the emolument of a Fellowship, and a Fellowship with dividend means a Fellowship held by a Fellow with dividend;
  13. (n)a Fellow of a College without dividend shall mean a Fellow who is not entitled as aforesaid, although entitled to the same commons and allowances as Fellows with dividend, and a Fellowship without dividend means a Fellowship held by a Fellow without dividend;
  14. (o)unless otherwise specified the term Professors shall include Visiting Professors and the term Professorships shall include Visiting Professorships;
  15. (p)the term degree shall mean degree of the University unless in any Statute or Ordinance that meaning is expressly or by necessary implication excluded;
  16. (q)the term rustication shall mean exclusion from the University Precincts as defined by Ordinance;
  17. (r)the term Ordinance of the General Board shall mean Ordinance made and published by the General Board, and the term Ordinance shall mean Ordinance made by Grace of the Regent House unless another meaning is implied by the context.

4. In any Statute or Ordinance words of the masculine gender shall import the feminine unless this interpretation is excluded expressly or by necessary implication.

5. (a) If, within thirty days after the doing of any act by any person or body having power to act under the Statutes, or in the event of failure or omission to act as required by Statute, Ordinance, or Order within thirty days after the date specified for the performance of that act, it is represented in writing to the Vice-Chancellor by a member of the University that there has been a contravention of the Statutes, Ordinances, or any Order in the doing of such act, or in such failure or omission, the Vice-Chancellor shall inquire into the matter and shall declare either that there has been no such contravention, or that the said act or matter is of no effect, or, if the Vice-Chancellor is of the opinion that the contravention has not affected the result, that in his or her opinion the validity of the act or matter is not affected by the circumstances represented. Where the Vice-Chancellor finds that there has been a failure or omission to act he or she may give such directions in the matter as shall seem to him or her to be appropriate. The person making the representation shall state in writing the act or matter to which he or she refers, and with full detail of the contravention of Statute, Ordinance, or Order which he or she represents has taken place. The Vice-Chancellor shall give his or her decision promptly but in any event within three months, unless the person making the representation has agreed in writing to an extension of time.

(b) If the person making the representation is dissatisfied with the Vice-Chancellor’s decision, or if he or she believes that there has been unreasonable delay, he or she may make a representation to the Commissary in the manner prescribed in Statute D, Chapter V. The decision of the Commissary shall be final. If there is no representation to the Commissary, the decision of the Vice-Chancellor shall be final.

(c) No act shall be invalid by reason of the fact that there has been a contravention of the Statutes, Ordinances, or Order unless there has been a representation in writing under paragraph (a) of this Statute within thirty days after the doing thereof.

(d) No act shall be invalid by reason of the fact that any person taking part in the act, and chosen in the manner prescribed or authorized by the Statutes, Ordinances, or Order to be the person or a member of the body authorized to act, was not qualified to be so chosen.

6. Whenever in any Statute or Ordinance provision is made for the election or appointment of members of any Board, Syndicate, or other body, in such case unless it is otherwise expressly provided by Statute or Ordinance as the case may be

  1. (a)a retiring member shall, if in all respects qualified, be competent to be re-elected or reappointed;
  2. (b)any casual vacancy shall be filled by the election or appointment of a member to serve for the unexpired portion of the period of service of his or her predecessor; such an election or appointment shall be made in accordance with the provisions of any Statute or Ordinance prescribing arrangements for elections or appointments to the body concerned, provided that the University or the General Board, as appropriate, may make Ordinances permitting the filling of a casual vacancy by co-optation.

7. Whenever by any Statute or Ordinance it is required that any matter be published, an announcement in the Cambridge University Reporter shall be sufficient publication.

8. The University may make Ordinances in pursuance of which a member of the Council of the University, of any Board, Syndicate, or Committee, or of the Council of a School, shall, if not a member ex officio, vacate his or her membership on account of failure to attend meetings.

9. The following provisions shall apply to every body constituted in the University by Statute or Ordinance except in so far as it may be otherwise expressly provided by Statute:

  1. (a)The University may by Ordinance make regulations as to the number of members which shall constitute a quorum, as to the majority necessary for the decision of certain questions, and for the procedure of the body generally, and subject thereto the body may itself make such regulations.
  2. (b)The body may appoint committees for any such general or special business as in the opinion of the body may be better regulated or managed by means of a committee, and may delegate to any committee so appointed, or to any University officer, with or without restrictions or conditions, the exercise of any functions proper to the body, provided that
  3. (i)such delegation shall not relieve the delegating body of responsibility for the matter delegated;
  4. (ii)members of the delegating body shall have the right of access to all papers considered by such committees or persons;
  5. (iii)subject to any contrary provision of Statutes or Ordinances, such delegation shall not extend
  6. (1)to any election or appointment to a University office,
  7. (2)to any decision of a University Court established by or under Statute B, VI,
  8. (3)to any resolution concerning the award of a degree, diploma, certificate, or other qualification, or
  9. (4)to any other matter specified by Ordinance;
  10. (iv)such delegation may be withdrawn (either generally or in respect of a specific matter) at any time.
  11. (c)Subject to any Ordinance and to any regulation made by the body, elections or decisions shall be made by a majority of the members present and voting, but only if there is a quorum; provided that the Chairman of a meeting shall be entitled when there is an equality of votes to give a second or casting vote.
  12. (d)When there is not present at a meeting the Chairman of the body, or any person otherwise entitled to preside, the members present shall appoint a chairman of the meeting.

Nothing in this section shall enable the Council or the competent authority to delegate its power to make a recommendation under Statute U, II, 4(a) or U, II, 4(b), as the case may be.

10. (Repealed by Grace 1 of 29 June 1973, and by Order in Council dated 9 January 1974.)

11, 12. (Repealed by Grace 1 of 26 January 1994, and by Order in Council dated 22 June 1994.)

13. From and after the date on which this Statute is approved by His Majesty in Council3 all the provisions contained in Sections 5 to 21 (inclusive) of the Cambridge University Act 1856, are repealed, save in so far as any of the said provisions may be or have been embodied in any Statute made by the University of Cambridge Commissioners.

14. Statute E shall take effect from and after the date on which it is approved by His Majesty in Council.4 From and after that date the Statutes specified in Schedule F are repealed: provided always that any of the said Statutes shall remain in force so far as is prescribed in Statute T and so far as is required for giving effect to any interest which any person has under them, and that this repeal shall not operate so as to revive or restore any Statute, order or trust or any power or provision repealed or abrogated by any of the said Statutes.

15. If at a meeting of an electing or appointing body it should appear upon a vote being taken that an election or appointment would be decided by the Chairman's casting vote, and the Chairman should desire to postpone the giving of such vote, a majority of the members present at the meeting may authorize the Chairman to give that vote, and so to decide the election or appointment, without a further meeting of the body, at any time within six weeks of the day on which such authority is given.

16. If a member of any body constituted in the University by or under Statute or Ordinance has declared an intention to resign his or her membership of the body on a specified date, a successor may be elected or appointed, as the case may be, to fill the forthcoming vacancy not more than forty-two days of term before the expected date of the vacancy.

17. A Report of the Council, or of any other body that has the right of reporting to the University, shall be signed by those members of the reporting body who agree with the Report; provided that no person in statu pupillari shall sign a Report if he or she has been excluded, under the provisions of any Statute or Ordinance for reserved business, from any part of the discussion of the Report.

18. If in an election for which votes have been taken by poll there is an equality of votes between two or more candidates, the Vice-Chancellor or other returning officer, whether or not he or she has previously voted or been entitled to vote, shall unless it is otherwise expressly provided by Ordinance give a casting vote.

19. The members of any body constituted in the University by Statute or Ordinance shall not include persons in statu pupillari except in so far as it is expressly provided (whether by the use of the phrase in statu pupillari or by the use of some other phrase) in the Statute or Ordinance which determines the composition of that body.

20. No person in statu pupillari shall be present, whether as a member or otherwise, at a meeting of any body constituted in the University by Statute, or of any other body appointed by such a statutory body, for the discussion of, or decision on, any matter which the Chairman of the meeting declares to be reserved. The following matters shall be reserved:

  1. (a)the employment or promotion, or any matter relating to the employment or promotion, of individuals by the University;
  2. (b)the admission and academic assessment of individuals;
  3. (c)such other matters as may be specified by Statute5 or Ordinance in respect of any particular body or class of bodies; and
  4. (d)any other matter at the discretion of the Chairman;

provided that none of the provisions of this section shall apply to meetings of the Regent House for discussion, to Congregations of the Regent House, or to meetings of any court constituted by or under Statute B, VI.

Service as a member of a Board, Syndicate, or other body shall be deemed not to be employment for the purpose of subsection (a); nevertheless, appointments, nominations for appointment, or co-optations of persons to serve as members of Boards, Syndicates, or other bodies may be reserved under subsection (c) or (d).

In any case of doubt, the Chairman shall decide whether an item of business is reserved and the Chairman's decision shall be final. No person in statu pupillari shall receive papers relating to any item of reserved business, except that members of any body constituted by Statute, or of any body appointed by such a statutory body, who are in statu pupillari may, if the statutory body so decides, receive minutes of the decisions taken on reserved business.

21. When in any Statute, Ordinance, contract, document, instrument of any description or any statement reference is made to the Treasurer or to the Secretary General of the Faculties after the date of the approval of this Statute by Her Majesty in Council (14 December 2005) such reference shall be construed as a reference to the Registrary, or a duly appointed deputy, unless different provision is made by Statute or Ordinance.