Statutes and Ordinances of the University of Cambridge
Statute A
pp. 10–12
THE CHANCELLOR AND THE GOVERNMENT OF THE UNIVERSITY

In this section

Chapter IX

REVIEW

Compliance with the Statutes and Ordinances

1. (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 this chapter. 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 Section 1(a) of this chapter 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.

Declaration of the meaning of a Statute

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.

Review by the Commissary

3. The Commissary shall have full power to determine all questions referred to his or her decision by a member of the University under the provisions of this chapter. The Commissary shall have the power to review, amend, or quash the decision of any University authority on the ground that the decision, or some aspect of the decision, was ultra vires, illegal, irrational, procedurally irregular or incorrect in fact, and to make such order (including an order to amend, quash, or refer back the decision) as seems to him or her to be justified. The Commissary’s powers under the provisions of this chapter shall not extend to:

  1. (a)any matter still subject to further review by or appeal to any University authority, or which would otherwise be capable of review by any independent adjudicator for student complaints in higher education, as established by or pursuant to Act of Parliament;
  2. (b)the merits or substance of a decision made by:
  3. (i)a University court or disciplinary panel;
  4. (ii)a Board of Examiners, a Degree Committee, the Board of Graduate Studies, a Review Committee or similar authority, in relation to the result of a University examination;
  5. (c)any decision by a University authority concerning the appointment of an individual or individuals to employment in the University, or concerning promotion in such employment;
  6. (d)any matter under the responsibility of the Press Syndicate or the Local Examinations Syndicate.

4. In any particular case or cases the Commissary may appoint a person to act as his or her deputy, and may delegate to such a deputy his or her powers under the provisions of this chapter in respect of the case or cases concerned.

5. The Commissary or a deputy so appointed shall have the power to strike out a case which in his or her opinion is vexatious, frivolous, or out of time.

6. In relation to any case (not being a case struck out as vexatious, frivolous, or out of time) the Commissary shall direct that the matter shall be dealt with by oral or written representations, or both. Such representations shall be made:

  1. (a)on behalf of the University by a person or persons appointed by the Council; and
  2. (b)by any other party or parties to the proceedings either in person or through a representative.

7. The Commissary shall make general rules of procedure which shall bind the parties in any particular case. The rules of procedure shall make provision for a time limit or time limits within which a matter shall be raised with the Commissary. In any particular case the decision of the Commissary (or a duly appointed deputy) on any procedural matters shall be final, and the provisions of Statute A IX 1 shall not apply to it.

8. The Council shall consult the Commissary before proposing any Ordinance concerning matters regulated by Sections 3–9 of this chapter. The Commissary shall have the right to publish a statement for the guidance of the University about any such proposed Ordinance.

9. The University shall defray the cost of any legal advice obtained by the Commissary for the performance of his or her duties under this chapter.

Temporary Statute

10. (a) Nothing in this chapter enables or requires the Commissary to hear any appeal or to determine any dispute regulated under the provisions of the Education Reform Act 1988 about a member of the academic staff of the University as defined in the Statutes, which, being a matter regulated under the said Act, concerns the member’s appointment or employment, or the termination of that appointment or employment. The Commissary has no power to disallow or annul any Ordinance made under or having effect for the purposes of the Statutes in relation to matters regulated under the said Act.

(b) When (a) is no longer needed, this section may be repealed by Grace.