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1. Over the years 1991-95 the University approved a series of proposals, put forward by the Statutes and Ordinances Revision Syndicate, for the revision of certain Statutes (in particular Statutes A, B, C, D, and F) and the associated Ordinances; these gave effect to the constitutional changes which had been recommended by the Syndicate on the government of the University (the 'Wass Syndicate') and approved in principle by the Regent House. The Revision Syndicate was discharged by Grace 1 of 19 February 1997, having completed the task for which it was appointed; however, a number of minor amendments are still required in the text of those Statutes which, not being directly concerned with constitutional matters, fell outside the Syndicate's remit. The Council now put forward proposals for the necessary amendments; in addition to amendments which are consequential on the constitutional changes already approved by the University, the Council have taken this opportunity to propose the removal of a number of minor anachronisms, together with the introduction of gender-neutral language where necessary, in line with the University's current editorial policy.
2. The Council propose the following changes in the text of Statutes E, F, G, H, J, K, and T:
| (a) | Straightforward amendments to remove gender-discriminatory language. |
| (b) | The replacement of references to the Council of the Senate and the Financial Board by references to the Council and the Finance Committee of the Council. |
| (c) | The removal of anachronistic references to procedures or institutions which no longer exist (e.g. a reference in Statute E, I, 3 to appeals to the Senate, which were discontinued when the revised version of Statute A came into force in 1994, and a reference in Statute F, II, 4 to the Schools Examination Syndicate, which ceased to exist in 1995). |
3. In addition, the Council have included proposals for a number of unrelated amendments of Statutes, as follows:
| (a) | The first of these proposals relates to the degrees of M.Eng. and M.Sci., and the entitlement of the holders of those degrees to membership of the Senate. Under the provisions of Statute A, I, 6, the holder of any Master's degree is qualified for membership of the Senate; this includes the degrees of M.Eng. and M.Sci., which were introduced in 1990 and 1995 respectively. However, these two degrees, unlike other Master's degrees, are not postgraduate degrees; they are awarded at the end of a four-year undergraduate course, and students who qualify for the M.Eng. or the M.Sci. also qualify for the B.A. Degree at the same time. In view of this, the Council consider it anomalous that these two degrees should be a sufficient qualification for membership of the Senate; in their view, holders of the M.Eng. and the M.Sci., like holders of the B.A., should remain in statu pupillari until they are qualified to proceed to the M.A. An amendment of Statute A, I, 6 is accordingly proposed, together with a corresponding amendment of Statute K, 3(h), which governs status pupillaris. This will, of course, have the effect of temporarily removing from the register of the Senate the names of those who graduated M.Eng. or M.Sci. during the past two years; they will automatically be reinstated when they proceed to the M.A. Degree. |
| (b) | Statute D, XV, 16 provides that, when a Professorship is about to fall vacant, the Vice-Chancellor shall report the fact both to the Council and to the General Board. The requirement for such a report to be made to the Council is otiose, since the powers relating to the establishment and the filling of Professorships were transferred from the Council to the General Board some years ago. There is no action to be taken by the Council in response to such a report; it is the General Board who set in train the necessary machinery for determining whether the Professorship should be filled. It is accordingly proposed to remove the requirement for a report to the Council. |
| (c) | It is proposed to introduce a minor change in the procedure prescribed by Statute E, VI for the election of the Hulsean Preacher and the Hulsean Lecturer. Section 6 of this Statute provides that the Electors to these two offices are to be the Vice-Chancellor, the Masters of Trinity and St John's Colleges, and the Professors of Divinity; the Vice-Chancellor has power under Statute D, III, 7(b) to appoint a deputy to act on his behalf, but there is no similar provision in the case of the two Heads of Houses and, with the concurrence of the present Electors (including the present Masters of Trinity and St John's) it is proposed to introduce such a provision. |
| (d) | An amendment of Statute F, I, 1 is proposed which relates to the accounts of the Local Examinations Syndicate. In their Second Report, dated 2 June 1997 (Reporter, 1996-97, p. 856), the Board of Scrutiny commented on the delay in publishing the accounts of the Local Examinations Syndicate, which are no longer included in consolidated form in the University Accounts but are published separately in an Appendix. This delay arises from the fact that the Syndicate and the University operate on different financial years (ending on 30 September and 31 July respectively). As the Board of Scrutiny pointed out, the delay in publication could be avoided if the two financial years were synchronized; the Council have considered this suggestion, but they have concluded that, for operational reasons, synchronization is not possible. Nevertheless, the Council agree that it is desirable that the accounts of the Syndicate should be published earlier than at present; this will entail publishing them separately, and not as an Appendix to the main University Accounts. In order to make this possible, an amendment of Statute F, I, 1(e) is proposed. This Statute at present refers to accounts such as those of the Local Examinations Syndicate as being 'included' in the accounts of the University; in the proposed amendment the term 'include' is no longer employed. This is intended to indicate that certain accounts (specifically those listed in Regulation 2 for the Accounts, viz. the accounts of the Local Examinations Syndicate, the University Farm, the Contributory Pension Fund, the Colleges Fund, and the Amalgamated Fund; see Statutes and Ordinances, p. 869) are not to be regarded as forming part of the main University Accounts, so that the required abstract of each of these accounts would be published separately (either as an appendix to the main Accounts, if the timing allows, or else as a separate exercise). The Council wish to repeat the assurance that they gave in their Notice of 28 July 1997 (Reporter, 1996-97, p. 1031) that, notwithstanding this separation, the accounts of the Local Examinations Syndicate are still to be regarded as forming an integral part of the University's Accounts for the purposes of Statute A, VII (powers of the Board of Scrutiny). |
| (e) | Statute K, 6(b) requires a casual vacancy in the membership of a University body to be filled 'by the election or appointment of a member (conducted in accordance with the provisions of any Statute or Ordinance which governed the election or appointment of his predecessor) for the unexpired portion of the period of tenure of his predecessor'. Regulation 8 of the general regulations for the constitution of the Faculty Boards (Statutes and Ordinances, p. 531) appears to be ultra vires this Statute; it gives Faculty Boards power to fill casual vacancies in class (c) (admittedly on a temporary basis only) by co-optation, although Statute C, IV, 2(c) prescribes that class (c) members are to be elected by the Faculty. This regulation, or a similar provision, has been in existence since 1930, and has not been challenged; it nevertheless seems advisable to regularize the position, and an amendment of the Statute is proposed with this in view. |
4. The Council recommend:
| I. | That, subject to the approval of Her Majesty in Council, the Statutes of the University be amended in accordance with the recommendations set out in the Annex to this Report, and that the proposed amendments be submitted under the Common Seal of the University for the approval of Her Majesty in Council. |
| II. | That the regulations for Accounts (Statutes and Ordinances, p. 869) be amended as follows: |
Regulation 2.
By deleting the words 'the accounts of the Oxford and Cambridge Schools Examination Board,'.
2 February 1998
| ALEC N. BROERS, Vice-Chancellor | DAVID HARRISON | 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 |
| TERENCE ENGLISH | C. T. MORLEY | DANIEL B. WAGGONER |
| A. L. R. FINDLAY | ONORA O'NEILL | JOAN M. WHITEHEAD |
That certain Statutes be amended as follows:
By amending the subsection so as to read:
| (c) | all persons who hold any of the following degrees of the University: any Doctor's degree; any Master's degree other than the degree of Master of Engineering or Master of Natural Sciences; the degree of Bachelor of Divinity; |
By deleting, both in subsection (a) and in subsection (b), the words 'to the Council and'.
By deleting the words 'subject to the statutable provisions for appeal to the Senate'.
By replacing the words 'during his life unless his approval is obtained' by the words 'during the founder's life unless his or her approval is obtained'.
By replacing the words 'to a winner of the prize conditional on his work' by the words 'conditional on the prize-winner's work'.
By replacing in each case the word 'his' by the words 'his or her'.
By deleting the words 'and with the concurrence of the Financial Board'.
By deleting subsection (b), by relettering subsection (c) as (b), and by replacing the words 'Financial Board' by the words 'Finance Committee of the Council'.
Section 3.
By replacing the words 'the Hulsean Professorship, and in due course the Norris-Hulse Professorship' by the words 'the Norris-Hulse Professor'.
Section 6.
By amending the section so as to read:
6. The electors to the Preachership and the Lectureship shall be the Vice-Chancellor, the Masters of Trinity and St John's Colleges, and the Professors of Divinity; provided that the Vice-Chancellor, the Master of Trinity, and the Master of St John's shall each have power to appoint a deputy to act on his or her behalf.
By replacing on each occurrence the words 'Financial Board' by the words 'Finance Committee of the Council'.
By replacing the word 'He' by the words 'The preacher'.
By deleting the words 'the Norrisian Professor, and in due course of'.
By replacing the word 'he' by the words 'he or she'.
By replacing the words 'to have assigned to him' by the words 'to be assigned'.
By deleting the word 'his'.
By renumbering sections 2 and 11 as 1 and 2.
By replacing in section 1 (previously numbered 2) the words 'in respect of him' by the words 'in respect of the Professor'.
By replacing in section 2 (previously numbered 11) the words 'his Professorship' by the words 'the Professorship'.
By replacing the words 'devote himself to' by the word 'undertake'.
By amending the subsection so as to read:
| (e) | to prepare, and to publish an abstract of, the annual accounts of the University, excluding the accounts of the University Press, and of such other accounts as may be specified by Ordinance; |
By deleting the words 'and the Schools Examination Syndicate'.
By replacing in each case the words 'appointed, elected, or designated' by the words 'appointed or elected'.
By replacing in subsection (iii) the words 'he has held his office' by the words 'he or she has held the office'.
By amending proviso (a) so as to read:
| (a) | this section shall not debar a College or other competent authority from appointing to the Headship of the College a person holding or appointed or elected to hold an office placed in Schedule B, nor shall it debar a College from electing to a Professorial Fellowship a person holding such an office who at the time of his or her appointment or election to the office (even if the office was not then placed in Schedule B) was or had previously been a Fellow of the College; |
By replacing in proviso (d) the words 'appointed, elected, or designated' by the words 'appointed or elected'.
By replacing in proviso (e) the word 'he' by the words 'he or she'.
By replacing in each case the word 'him' by the words 'him or her'.
By amending the last sentence so as to read:
If any Auditor refuses to sign such a certificate, he or she shall state in writing the reasons for so refusing, and the College shall send the statement to the Treasurer.
By amending the section so as to read:
3. The Secretary shall summon a meeting of the Committee at least once a year, and on any occasion when it seems desirable to do so.
By amending the second sentence so as to read:
The Secretary shall summon a meeting of the Committee at least once a year, and on any occasion when it seems desirable to do so.
By replacing the words 'Financial Board' by the word 'Council'.
By replacing in each case the words 'Council of the Senate' by the word 'Council'.
By deleting the reference to Statute D, III.
By replacing the words '(or his deputy)' by the words 'or a duly appointed deputy'.
By replacing the words 'Statute A, III, 3,' by the words 'Statute A, III, 7(b),'.
By replacing the words 'on the matter submitted to him' by the words 'in question'.
By replacing the words 'his duty' by the words 'his or her duty'.
By amending the subsection so as to read:
| (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); |
By amending the first two sentences so as to read:
If, within thirty days after the doing of any act, including an election, by any person or body having power to act under the Statutes, it is represented in writing to the Vice-Chancellor that there has been a contravention of the Statutes or Ordinances in the doing of such act, the Vice-Chancellor shall inquire into the matter and shall declare either that there has been no such contravention, or that the said act is of no effect, or, if the Vice-Chancellor is of the opinion that the irregularity has not affected the result, that the validity of the act is not affected by such contravention. If the Vice-Chancellor's decision has not been announced within ten days after receipt of the representation, or if they are dissatisfied with the decision, any fifty members of the Regent House may within one week appeal in writing to the Chancellor, whose decision shall be final. If there is no such appeal, the decision of the Vice-Chancellor shall be final.
By amending the subsection so as to read:
| (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. |
By amending the section so as to read:
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.
By replacing the word 'him' by the words 'the Chairman'.
By amending the section so as to read:
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.
By replacing the word 'he' by the words 'he or she'.
By replacing in the penultimate sentence the words 'his decision' by the words 'the Chairman's decision'.
By amending the section so as to read:
48. Any person who satisfied the Examiners for the LL.B. Examination before 1 October 1982 may,
| (a) | if he or she has already proceeded to the degree of Bachelor of Law, apply to the Registrary through his or her College for the redesignation of the degree as Master of Law, |
| or | |
| (b) | if he or she has not already proceeded to the degree of Bachelor of Law, supplicate instead for the degree of Master of Law. |
On receipt of an application under (a) above the Registrary shall issue a certificate of redesignation and shall amend the University's records accordingly.
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