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ORDINANCE 1: ORDINANCES

1.     The Council shall make Ordinances with regard to all such matters as are directed by the Charter and Statutes and such other matters as may be deemed expedient. Ordinances shall be effective and binding when passed by a Resolution of the Council provided that no Ordinance shall be passed until the Senate has had an opportunity to consider it and report on it to the Council.

2.     An Ordinance shall be deemed to have been passed by Resolution of the Council provided that it has been approved by the Council at one meeting and confirmed at a subsequent meeting.  The second meeting must be held not less than one calendar month nor more than six calendar months after the first meeting.  Approval and confirmation shall be deemed to be effective by means of a vote of a simple majority of those present and voting.

3.     Notwithstanding the provisions of Clause 2 of this Section, the Council may prescribe as the date from which an Ordinance shall be effective, a date earlier than the meeting at which the Ordinance is due to be confirmed, provided that such Ordinance shall then lapse if it is not confirmed.

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ORDINANCE 2: THE CHANCELLOR

1.     The Successors to the first Chancellor shall be elected by Court on the nomination of the Council.

2.     The Chancellor shall hold office for a period determined by Court or until his [1]resignation.

3.     The Chancellor may resign by written notice addressed to the secretary of the Court and the chair of the Council.

 [1] Wherever his or he is used his/her, or he/she should be understood

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ORDINANCE 3: THE PRO-CHANCELLORS

1.     The Pro-Chancellors shall be elected by the Council.
2.     The Chair of the Council shall be elected by the Council and by virtue of this elected position shall be a Pro-Chancellor.

3.     The Chair of the Council shall be an ex-officio member of all Council Committees.

4.     The Pro-Chancellors shall hold office for three years and shall be eligible for re-election.

5.     A Pro-Chancellor may resign by written notice addressed to the Council provided that if he is the Chair of the Council he also resigns such position.

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ORDINANCE 4: THE VICE-CHANCELLOR

1.    The Successors to the first Vice-Chancellor shall be appointed by the Council after consideration of a report from a Joint Committee of the Council and the Senate.

2.     Subject to Ordinance 25 the Vice-Chancellor shall hold office for such period and under such conditions as shall be determined by the Council.

3.     The Vice-Chancellor shall have a general responsibility to the Council for maintaining and promoting the efficiency and good order of the University.

4.     The Vice-Chancellor may resign by written notice addressed to the Chair of the Council.

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ORDINANCE 5: THE TREASURER

1.     The Successors to the first Treasurer shall be elected by the Council.

2.     The Treasurer shall hold office for three years and shall be eligible for re-election, subject to the provisions of Ordinances.

3.     If the position of Treasurer shall become vacant for any reason before the expiration of his period of appointment the Council shall forthwith elect a Treasurer in his place.

4.     The Treasurer may resign by written notice addressed to the Chair of the Council.

5.     The Treasurer shall be Chair of the Finance Committee and an ex officio member of all Council Committees, with the exception of the Audit Committee.

6.     The Treasurer shall be a source of advice and counsel to the Vice-Chancellor, the Chair of Council and other senior officers on financial matters.

7.     The Treasurer will be consulted by the Vice-Chancellor and the Chair of Council on the exercise of delegated powers in respect of financial matters requiring urgent attention between meetings of Council.

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ORDINANCE 6: THE PRO-VICE-CHANCELLORS

1.     Pro-Vice-Chancellors shall be appointed by the Council after consideration of a report from the Senate.

2.     Subject to Ordinance 25 each Pro-Vice-Chancellor shall hold office for an initial period of up to five years from the date specified on appointment and may be eligible for reappointment.

3.     The Pro-Vice-Chancellors shall assist the Vice-Chancellor in such matters as may be from time to time entrusted to them by the Vice-Chancellor.

4.     Some of the Pro-Vice-Chancellors shall also be appointed heads of colleges.

5.     On the recommendation of the Vice-Chancellor the Council shall designate one of the Pro-Vice-Chancellors as the senior Pro-Vice-Chancellor.

6.     The Senior Pro-Vice-Chancellor shall act for the Vice-Chancellor in his or her absence or during a vacancy in that office.

7.     A Pro-Vice-Chancellor may resign by written notice addressed to the Chair of the Council.

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ORDINANCE 7: THE REGISTRAR AND SECRETARY

1.    The Registrar and Secretary of the University shall be appointed by the Council after consideration of a report from a Joint Committee of the Council and the Senate and shall have such duties at such remuneration and (subject to Ordinance 25) upon such terms and conditions as the Council shall determine.

2.    The Registrar and Secretary shall be responsible for the administration of the University.

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ORDINANCE 8: THE LIBRARIAN

1.    The Librarian shall be appointed by the Council on the recommendation of the Senate and shall have such duties at such remuneration and (subject to Ordinance 25) upon such terms and conditions as the Council shall determine.

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ORDINANCE 9: POWERS OF THE COUNCIL

1.     To elect a Chair and a Vice-Chair.

2.     To nominate to the Court persons for election or appointment as Chancellor.

3.     To appoint the members of the Council under Section 4, Clause 1, Class 3 of the Statutes

4.     To appoint the Vice-Chancellor and the Registrar and Secretary after consideration of a report of a Joint Committee of the Council and the Senate thereon; to appoint Pro-Vice-Chancellors, and the Librarian on the recommendation of the Senate; and to delegate to appointment panels under procedures agreed by the Council the power to appoint other members of staff.

5.     To appoint the Auditor or Auditors for the University under Section 12 of the Statutes

6.     To confer the title of Emeritus Professor or Reader, or Honorary Professor, Reader or Lecturer, or such other honorary titles as may jointly be approved by the Senate and the Council. This power will normally be delegated to the Staffing Policy Committee.

7.       To recommend to the Privy Council amendments, alterations or additions to the Charter, provided that no such amendment, alteration or addition shall be brought before the Privy Council until the Senate and the Standing Committee of the Alumni Association have had an opportunity of reporting thereon to the Council and provided also that no amendment, alteration or addition to Article 11 of the Charter shall be brought before the Privy Council until the Court has had an opportunity of reporting thereon to the Council.

8.     To make, amend, alter or repeal Statutes and to submit the same to the Privy Council for consideration and allowance provided that no new, amended, altered or repealed Statute shall be submitted to the Privy Council until the Senate has had an opportunity of reporting thereon to the Council, and provided also that no proposal to amend, alter or repeal Statute 4(1) (Class 7) shall be brought before the Privy Council until the Standing Committee of the Alumni Association has had an opportunity of reporting thereon to the Council.

9.     To make, amend, alter or repeal Ordinances provided that no new, amended, altered or repealed Ordinance shall be enacted until the Senate has had an opportunity of reporting thereon to the Council.

10.   To make Regulations and to confirm Regulations submitted by the Senate for any matters in respect of which the Council may make Regulations.

11.   To govern, manage and regulate the finances, accounts, investments, property, business and all affairs whatsoever of the University and for that purpose to appoint bankers and any other officers or agents whom it may deem expedient to appoint and to cause proper books of account to be kept for all sums of money received and expended by the University and for the assets and liabilities of the University so that such books give a true and fair view of the state of the University’s affairs and explain its transactions.

12.   To take over all properties, assets, benefits and liabilities of the University College of Leicester.

13.   To join or collaborate with any other University, academic body or similar institution, organisation, company, partnership, joint venture or association having in view or promoting any activity the same as, or similar or related to, or which can provide a service for, any activity of the University as provided for by or permitted by law, being consistent with the provisions of the Charter and the Statutes, and in such manner as may be authorised by these Ordinances and Regulations of the University, and to delegate or revoke delegation of any of the University's functions to individuals, boards, committees and other entities (comprising its own officers or members or otherwise) with a view to furthering any of the above collaborative purpose or purposes.

14.   To sell, buy, exchange, lease and accept leases of real and personal property on behalf of the University.

15.   To act as trustees or managers of any property, legacy, endowment, bequest or gift made to the University to further its charitable objects.

16.   To provide the buildings, premises, furniture and equipment and other means required for carrying on the work of the University.

17.   To provide for the welfare of persons in the employment of the University or formerly in the employment of the University through the provision of such emoluments, pensions or other schemes as the Council think fit.

18.   To enter into, vary, carry out and cancel contracts on behalf of the University.

19.   To review the academic work of the University and receive reports thereon from the Senate, and to take such steps as it thinks proper for the purpose of ensuring the efficiency and effectiveness of the University in the provision of teaching, the pursuit of learning and the prosecution of research.

20.   To review, amend, refer back, control or disallow any act of the Senate required under these Ordinances to be reported to the Council and to give directions thereon to the Senate  provided that any act of the Senate which is amended by the Council shall be referred again to the Senate for consideration and report before being carried into effect.

21.   To approve or disapprove the names of persons proposed by the Senate as recipients of honorary degrees provided that no person shall be admitted by the University to an honorary degree whose name has not been approved for that purpose both by the Council and by the Senate.

22.   Subject to Ordinance 25, to consider, adjudicate upon and if thought fit redress any grievance of any member or employee of the University save where the Council has approved, through Ordinances or Regulations, alternative arrangements for such matters.

23.   To provide for the welfare of the students of the University.

24.   To expel any student deemed to have been guilty of grave misconduct.

25.   To select a Seal, Arms and a Mace for the University and to have the sole custody and use of the Seal.

26.   To exercise all such powers as are or may be conferred on the Council by the Charter, Statutes, Ordinances and Regulations and to carry the Charter Statutes, Ordinances and Regulations into effect.

27.   The Council may delegate specified powers to individuals or committees accountable to the Council.  Such delegations shall be set out in an approved scheme of delegation.

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ORDINANCE 10: POWERS OF THE SENATE

1.     To direct and regulate the teaching and instruction within the University and the examinations held by the University subject to the powers of the Council as hereinbefore defined.

2.     To promote research within the University and to require reports from time to time upon such research.

3.     To appoint four members of the Senate to be Members of the Council under Section 4, Clause 1, Class 4 of the Statutes.

4.     To elect or appoint members of the Senate as provided for under Section 6 Clause 1(f) of the Statutes.

5.     To award degrees (other than honorary degrees), diplomas, certificates and other Distinctions, including degrees, diplomas, certificates and other Distinctions offered and awarded by the University in conjunction with another institution.

6.     To make all regulations for giving effect to the Statutes and Ordinances of the University relating to courses of study and examinations.

7.     To regulate the admission of persons to courses of study in the University and their continuance at such courses.

8.     To regulate all University examinations and to appoint External Examiners.

9.     To suspend or remove an Examiner for negligence or misconduct or any other good cause during his or her term of office and in the case of a casual vacancy to appoint a substitute who shall have authority to act during the Examination then in progress or next ensuing.

10.   To formulate, modify or revise schemes for the organisation of the Colleges, Schools, Institutes, Boards, Departments or Centres of the University and to assign to them their respective subjects and also to report to the Council as to the expediency of the establishment at any time of other Colleges, Schools, Institutes, Boards, Departments or Centres.

11.   To review, amend, refer back, control or disallow any act of any College, School or Institute, or of any Board, or Department and to give directions to any such body.

12.   To report to the Council on all Statutes, Ordinances and Regulations or proposed changes thereof.

13.   To report to the Council on such changes to the Charter as the Council may propose.

14.   To consider any matter concerning teaching, learning and research, and to report to the Council as appropriate.

15.   To discuss any matter relating to the University including any matters referred or delegated to the Senate by the Court or the Council and to report its views on such matters to the Court or the Council.

16.   To propose to the Council the names of recipients of honorary degrees.

17.   To make regulations, subject to the approval of the Council, for the discipline of the students of the University.

18.   To suspend or exclude any student deemed to have been guilty of misconduct and to recommend to the Council the expulsion of any student provided that any action by the Senate to suspend or exclude a student shall be reported to the Council at its next meeting.

19.   To exercise all such powers as are or may be conferred on the Senate by the Charter, Statutes, Ordinances and Regulations and to do such other acts and things as the Council shall authorise.

20.   To advise and make recommendations to the Council on matters affecting the appointment, duties and conditions of service of all members of the Academic Staff.

21.   To approve examinations and periods of study at other Universities and places of learning as equivalent to such examinations and periods of study in the University as the Senate may determine.

22.   To make recommendations to the Council for depriving, with good cause, any person of any degree, diploma, certificate or other distinction granted to or conferred on them by the University.

23.   To regulate the use of academic dress in the University.

24.   The Senate may delegate specified powers to individuals or committees accountable to the Senate.  Such delegations shall be set out in an approved scheme of delegation.

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ORDINANCE 11: THE COURT

1.     The Court shall consist of the following members:

Class 1 - Representatives of the University

(a)      The Members of the Council.

(b)      The Members of the Senate.

(c)       The Emeritus Professors.

(d)      The Registrar and Secretary.

(e)      The members of the Standing Committee of the Alumni
           Association.

(f)       Five representatives of the Students' Union elected by the
          Union.

(g)     One representative of each of the recognised trades unions of
          the University.

(h)    Such other representatives of the University as the Council may
         determine.

Such other persons, not exceeding two hundred and fifty in all, appointed by the Council on the recommendations of the Governance and Nominations Committee, comprised of the following Classes:

Class 2 - Representatives appointed by such public authorities as the Council may determine

Class 3 - Representatives of such religious bodies as Council may determine

Class 4 - Members of Parliament

The members of the Commons House of Parliament elected for the several divisions of the City and County of Leicester and of the County of Rutland.

Class 5 – Members of the European Parliament

The members of the European Parliament elected for the East Midlands Region.

Class 6 - Ex-Officio Members

(a)    The Lords-Lieutenant of the Counties of Leicester and Rutland.

(b)    The High Sheriff of Leicestershire.

(c)    The High Sheriff of Rutland.

(d)    The Lord Mayor of Leicester.

(e)    The Chair of the Council of the County of Leicester.

(f)    The Chair of the Council of the County of Rutland.

(g)    The Mayors of the Boroughs and the Chairmen of the Councils of
         the Districts in the County of Leicester.

(h)    The Chief Executive of the City of Leicester.

(i)     The Chief Executive of the Council of the County of Leicester.

(j)    The Chief Education Officers of the City of Leicester, the County of
        Leicester, and the County of Rutland.

(k)    The Chairmen of the National Health Service Trusts serving the
        County of Leicester.

Class 7 – Representatives of such other institutions, societies and
bodies, and life members and such other persons, as the Council may determine

 2.     The periods during which members of the Court respectively shall hold office shall be as follows:—

(a)    Representatives of the University shall hold office as follows:

The Members of the Council shall hold office while they continue to be Members of the Council.

The Members of the Senate shall hold office while they continue to be Members of the Senate.

Other representatives referred to under Class 1 shall hold office so long as they continue in their appointments or for three years from the date of election as the case may be.

(b)    Representatives referred to in Classes 2 to 7 shall each hold office so long as they continue in the position by virtue of which they are appointed, or for three years from the date of election as the case may be.

3.     Any casual vacancy, howsoever occurring, among the elected, nominated or appointed members shall be filled as soon as convenient by the person who or body which appointed the member whose place has become vacant.

4.     Members retiring by effluxion of time may be re-elected, re-nominated or re-appointed.

5.     Except where otherwise provided representatives need not be members of the body by which they are elected, nominated or appointed.

6.     Any member of the Court may resign by written notice addressed to the Registrar and Secretary of the University.

7.     A Register shall be kept by the Registrar and Secretary containing the names of all persons who are members of the Court according to the provision made by the Ordinances and such Register shall be conclusive evidence that any person whose name appears therein at the time of claiming to vote in the Court is entitled to a vote and that any person whose name does not appear therein is not so entitled.

8.     It shall be the responsibility of individual members of the Court to inform the Registrar and Secretary, in writing, of any change in circumstances material to their membership of the Court.

9.       Members of the Court in their capacity as members of the Court shall not be paid any fees or expenses by the University.

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ORDINANCE 12: MEETINGS OF THE COURT

1.     An Annual General Meeting of the Court shall be held once in every year at such day and hour as shall be determined by the Council.  At such yearly meeting a Report of the proceedings of the Council and of the University, together with an audited Statement of Accounts shall be presented by the Council.  Any vacancies in the offices of the University or among the members of the Court or the Council to be filled by the Court shall be filled at such meeting.

2.     A copy of the Report and of the Statement of Accounts referred to in Clause 1 of this Section shall be sent to every member of the Court at least seven days before the date of the Annual General Meeting and shall be open to the inspection of all persons at the office of the University during the year following such yearly meeting at such reasonable hours and upon such conditions as the Council shall determine.

3.     Notice of the date, time and place of the Annual General Meeting of the Court shall be sent by the Registrar and Secretary of the University to each member of the Court not less than twenty-eight days before the date of the meeting and an agenda paper shall be distributed at least seven days previous to the meeting.

4.     Members intending to bring forward any business (other than the business referred to in clause 1 of this Section) at the Annual General Meeting or to propose any person or persons for election or appointment as Chancellor, or as a member of the Court or of the Council, shall give notice in writing of such business or of the name of the person or persons so proposed to the Registrar and Secretary of the University at least fourteen days before the day appointed for such meeting. All such business and the names of the persons so proposed shall be included in the agenda paper to be sent by the Registrar and Secretary of the University to each member of the Court.

5.     A Special Meeting of the Court may be convened at any time by the Council or on the written request of no fewer than fifty members of the Court.  At least fourteen days' notice of any Special Meeting stating generally the nature of the business to be transacted shall be sent by the Registrar and Secretary of the University to each member of the Court and no such meeting shall be competent to transact any other business than that mentioned in the notice or directly arising therefrom.

7.     The quorum of the Court shall be twenty-five members.  In the absence of a quorum no business shall be transacted other than the adjournment of the Court.  At such adjourned meeting the business referred to in Clause 1 of this Section may be completed in the absence of a quorum.  When a meeting is adjourned for more than thirty days, notice of the adjourned meeting shall be given in the same manner as for the original meeting.

8.       The accidental failure to serve notice of any meeting of the Court on any member shall not invalidate the meeting.

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ORDINANCE 13: POWERS OF THE COURT

The Court shall have the following powers:

1.     To appoint the Chancellor upon the nomination of the Council.

2.     To receive an annual Report of the proceedings of the University together with an audited Statement of Accounts approved by the Council.

3.     To consider any matter relating to the University referred to it by the Council, and to report its views on such matters to the Council or the Senate, whichever body is appropriate.

4.     To approve such regulations concerning the business of the Court as are submitted to it by the Council in accordance with the provisions of the Charter.

5.     To appoint four members of the Court to be members of the Council, provided that no such election shall be made of any member of the Court appointed to the Court under Class 1, or as a Life Member appointed to the Court under Class 7, as defined in Section 11 of these Ordinances.

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ORDINANCE 14: REGISTRATION AS A STUDENT OF THE UNIVERSITY

1.     The formal registration of a student in the University qualifies the student to pursue a course of study leading to a degree, diploma or certificate.

2.     Candidates for registration shall have passed an examination approved by the Senate as a qualification for admission or been exempted therefrom by the Senate under conditions prescribed by Regulation.

3.     Students at registration shall pay to the University the fee prescribed by Regulation.

4.     Registration shall confer the full privileges of student membership of the University and shall carry the obligation to conform to the rules of the University and to submit to the jurisdiction of the Senate and the Council.

5.     Registered status shall lapse for such period or periods as a student is required to withdraw from the University.

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ORDINANCE 15: DEGREES. DIPLOMAS AND CERTIFICATES

1.     The degrees in the University shall include:

Doctor of Letters (DLitt), Doctor of Music (DMus), Doctor of Science (DSc), Doctor of Philosophy (PhD), Doctor of Education (EdD),  Doctor of Social Science (D.Soc.Sci.), Doctor of Laws (LLD), Doctor of Clinical Psychology (DClinPsychol), Doctor of Medicine (MD); Master of Philosophy (MPhil), Master of Research (MRes), Master of Arts (MA), Master of Science (MSc), Master of Business Administration (MBA), Master of Education (MEd); Master of Laws (LLM), Master of Chemistry (MChem), Master of Engineering (MEng), Master of Mathematics (MMath), Master of Physics (MPhys), Bachelor of Medical Science (BMedSci), Bachelor of Medicine and Bachelor of Surgery (MB, ChB), Bachelor of Education (BEd), Bachelor of Science (BSc), Bachelor of Engineering (BEng), Bachelor of Arts (BA), Bachelor of Laws (LLB), Arts Foundation Degree (FdA), Science Foundation Degree (FdSc)

2.     In order to qualify for admission to a degree, or qualify for a diploma or certificate in the University every candidate must have:

(a)    registered as a student of the University in accordance with the Regulations;

(b)    satisfied the requirements for entry upon the appropriate course of study as prescribed by the Regulations relating to the particular degree, diploma or certificate;

(c)    pursued that course of study for the prescribed period and passed the required examinations;

(d)    paid the prescribed fees; and

(e)    complied with such other Ordinances and Regulations as may be relevant.

3.       Subject to the provisions of the Charter and Statutes the Senate may permit students to count courses of study and examinations taken elsewhere as equivalent to courses of study and examinations in the University of Leicester as the Senate shall determine. Such courses of study and examinations at other universities and institutions must be approved by the Senate and recorded in the Regulations for this purpose.  However no first degree of this University shall be conferred on any such person unless he shall have pursued an approved course of study and shall have passed the final examination or examinations in this University or an Associated Institution as defined in Ordinance 29.

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ORDINANCE 16: AWARD OF DEGREES, DIPLOMAS, ETC

1.     The degrees (other than honorary degrees), diplomas, certificates, Fellowships, Scholarships, Prizes and other distinctions of the University shall be conferred by the authority of the Senate on the recommendation of the Board of Examiners.

2.     Any degree of the University may be awarded as an honorary degree on the joint recommendation of the Senate and the Council. The procedure for nomination and approval of candidates for honorary degrees shall be prescribed by Regulations.

3.     If a candidate, who has completed his full course, is prevented by illness or other sufficient cause from beginning or completing a final examination for a degree, diploma, or certificate the Senate may award a degree, diploma, or certificate provided that the candidate shall not be given honours or placed in a class or division and shall not thereby be exempted from presenting a thesis where such is prescribed.

4.     Degrees shall be conferred at a Congregation of the University to be held for that purpose at such time and place as may be determined provided that a Congregation shall be held at least once in each year. The degrees shall be conferred by the Chancellor or, in his absence or at his request, by the Vice-Chancellor or, in his absence, a Pro-Vice-Chancellor.

5.     With the approval of the Senate, degrees may be conferred upon persons in absentia.

6.     No person shall be awarded a degree or granted a degree or diploma or certificate unless he has paid the fees prescribed and any other sums due to the University.

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ORDINANCE 17: EXAMINERS AND EXAMINATIONS

1.     Examinations for a degree, diploma, or certificate of the University, whether taken at one time or in sections, shall be the responsibility of Boards of Examiners comprising the Internal and External Examiners for each of the subjects or groups of subjects included in the scope of the examination. Each Board of Examiners shall appoint its own Chair.

2.     In every subject or group of subjects in all final examinations there shall be at least two examiners, one at least of whom shall not be a member of the Academic Staff of the University.

3.     The External Examiners of the University shall be appointed by Senate.  External Examiners shall normally serve for a period of four years. No External Examiner shall hold office for more than five consecutive years.

4.     The Internal Examiners of the University are the members of the Academic Staff of the University and such other individuals who may be approved for this purpose on the authority of Senate.

5.     No candidate shall be admitted to any examination unless he has satisfied the requirements laid down in Ordinances and Regulations or has been exempted from any special requirements by the Senate and has paid the fees prescribed.

6.     The list of successful candidates in every examination, arranged as prescribed by Regulations, shall be prepared by the Board of Examiners concerned and signed by the Chair of that Board.

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ORDINANCE 18: THE COLLEGES AND THEIR CONSTITUENT DEPARTMENTS

1.     The University shall be constituted of the following Colleges:

The College of Arts, Humanities and Law

The College of Science and Engineering

The College of Social Science

The College of Medicine, Biological Sciences and Psychology.

2.       The Senate shall determine which academic units shall be included in each college.

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ORDINANCE 19 EMERITUS PROFESSORS AND READERS

1.     The Council, or its delegated committee, may on the recommendation of the Senate confer the title of Emeritus Professor on any Professor upon retirement from the University and the title of Emeritus Reader on any Reader upon retirement from the University.

2.     An Emeritus Professor or an Emeritus Reader shall on ceremonial occasions be upon the same footing as a member of the Senate and in order of precedence shall follow members of the Senate.

3.     An Emeritus Professor or an Emeritus Reader shall not as such be entitled to membership of the Council or the Senate, or to exercise any administrative or executive function.

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ORDINANCE 20: THE ALUMNI ASSOCIATION

1.     The Alumni Association shall consist of the following members:

(a)    The Chancellor, the Pro-Chancellors and the Treasurer of the University.

(b)    The Members of the Academic and Academic-Related Staff of the University.

(c)    The Registrar and Secretary of the University.

(d)    The Graduates of the University including the Honorary Graduates.

(e)    All persons who have obtained a degree of the University of London or of any other University while registered students of the University or of the University College of Leicester.

(f)    The holders of such other academic qualifications of the University as shall be prescribed by Ordinance.

2.     A Register shall be kept by the Registrar and Secretary of the University containing the names of all persons who are members of the Alumni Association and such Register shall be conclusive evidence that any person whose name appears therein at the time of claiming to vote in the Alumni Association is entitled to a vote and that any person whose name does not appear therein is not so entitled.

3.     A meeting of the Alumni Association shall be called at least once in every year and at such other times as the Alumni Association may determine.

4.     The Chancellor if present shall preside at the meetings of the Alumni Association.

5.     A general meeting of the Alumni Association may be called by the direction of the Chair and shall also be called on the requisition in writing of not fewer than fifty members.

6.     Not less than twenty-eight days’ notice of a meeting of the Alumni Association shall be given and not less than seven days’ notice of any business to be transacted at such meeting.

7.     No question shall be decided at a meeting of the Alumni Association unless at least thirty members are present and then only by votes of those present and voting.

8.     There shall be a Standing Committee of the Alumni Association with such membership and such powers as shall be prescribed by Ordinance.

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ORDINANCE 21: POWERS OF THE ALUMNI ASSOCIATION

The Alumni Association shall have the following powers:

1.     To elect the members of the Standing Committee of the Alumni Association.

2.     To elect its own Chair who shall hold office for three years and be eligible for re-election and shall in the absence of the Chancellor preside at its meetings.

3.     To elect the Chair of the Alumni Association, or a representative nominated by the Chair from among the elected members of the Standing Committee of the Alumni Association, as a member of the Council.

4.     To consider any matter whatsoever relating to the University including any matters referred to it by the Council and to report its views on such matters to, the Council or the Senate whichever body is appropriate.

5.     To prescribe the mode of conducting and recording the proceedings of the Alumni Association and of reporting the proceedings to the Court, the Council and the Senate.

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ORDINANCE 22 : THE STUDENTS' UNION

1.     There shall be a Students’ Union of the University (hereinafter called the Union) for the promotion of the general interests of students and to afford a recognised channel of communication between students and the University authorities.

2.     The members of the Union shall be:

(a)    all registered students of the University.

(b)    such members of staff of the University as may elect to become Associate Members of the Union.

(c)    such persons as the Union in accordance with its Regulations may from time to time admit or elect as Associate, Life, Honorary or External Members, provided that any registered student shall have the right not to be a member of the Union if he/she so wishes, and shall not be unfairly disadvantaged by reason of having exercised that right. Students wishing not to be members of the Union must indicate this wish in writing to the Registrar and Secretary (or such officer as he may designate for the purpose), and this decision will remain effective for the duration of their registered student membership of the University unless they take specific action to resume membership. Students who have opted out may not resume membership of the Union during the session in which they have opted out, but they may take up membership in any subsequent session, provided that they indicate a wish to do so in writing to the Registrar and Secretary or his designated officer.

3.     Members under 2(b) and 2(c), other than Honorary Members, will be required to pay such subscription as may be required by the Regulations of the Union.

4.     The Constitution of the Union shall consist of the provisions of the University’s Statutes concerning the Students’ Union, this Ordinance, any other Regulations of the University concerning the Union, and the Regulations of the Union prepared and approved in accordance with section (6) below. This Constitution shall comply with the terms of the Education (No. 2) Act 1986 and the Education Act 1994, and shall be presented to the Council of the University for review annually. Copies of the Constitution shall be made freely available for inspection by any member of the University in the offices of the Union, the office of the Registrar and Secretary, the Library of the University, and in such other places as the Executive Committee of the Union may designate.

5.     The Union shall designate an officer or an employee who shall have overall responsibility for the implementation of the financial aspects of this Ordinance and of any Regulations of the University concerning the Union. This person shall also have a duty to advise the Union if at any time any action or policy under consideration by the Union appears to be in conflict with any statutory requirements, the terms of this Ordinance, the Regulations of the University, or any other agreement between the Union and the University. The designated person shall be required to inform the Vice-Chancellor in writing should the Union decide to proceed contrary to that advice.

6.     Regulations shall be prepared by the Union for the furtherance of the objects of the Union which regulations and any alterations or abrogation thereof shall be of effect and binding on all members of the Union immediately upon receiving the approval of the Senate and Council. The Regulations shall provide inter alia for the election of officers by secret ballot, for the conduct of all elections by democratic process, for the publication of an Annual Report and Accounts, for the appointment of a Union Council, an Executive Committee and Standing Committees, for the affiliation of Students’ Societies and Athletic Clubs to the Union, for the allocation of resources to affiliated societies and clubs, for the affiliation of the Union to external organisations, and for appropriate procedures governing these activities.

7.     Students shall be permitted to participate in elections of the Union by postal ballot under such circumstances and according to such procedures as shall be defined in the Regulations of the Union.

8.     The conduct of the elections of officers shall be subject to inspection by a person appointed by the Council of the University, who shall be required to satisfy himself on behalf of the Council that the elections have been fairly and properly conducted, and without whose certificate any election shall be void.

9.     No person shall hold sabbatical office, or paid elected office, in the Union for more than two years in total.

10.   The election of the representatives of the Union on the University Court under Ordinance 11, Section 1, Class1(f) shall be in accordance with the Regulations of the Union.

11.   The functions of the Executive Committee, subject to the Regulations of the Union, shall be to represent the Union in all matters affecting its interests. The Executive Committee shall be accountable to the Union Council for the administration of the finances of the Union.

12.   The accounts of the Union shall at the end of each financial year be audited by a public accountant in the active practice of his profession, and copies of the accounts, with the signed report of the auditor, shall be subject to the approval of the Union Council. The audited accounts shall be presented to the Council of the University, and copies shall be made freely available for inspection by any member of the University in the offices of the Union, the office of the Registrar and Secretary, the Library of the University, and in such other places as the Executive Committee may designate.

13.   The Annual Report and Accounts of the Union shall contain:

(a)    a list of any external organisations to which the Union has made donations in the period to which the report relates, and details of those donations.

(b)    a list of any external organisations to which the Union has been affiliated in the period to which the report refers, and details of the subscriptions or fees paid to such organisations in the same period.

14.   The budget of the Union for the forthcoming financial year shall be prepared in accordance with the Regulations of the Union, shall be subject to discussion with the Registrar and Secretary and other appropriate officers of the University, and shall be presented to the Council of the University for approval.

15.   The Union shall make a quarterly report on its income and expenditure against the approved budget to an appropriate committee of the Council of the University.

16.   The Union shall incur no expenditure, and take no other action, which is inconsistent with the law relating to charities.

17.   The Executive Committee shall have the authority to affiliate the Union to outside organisations, subject to legislation, the provisions of Ordinances, and the Regulations of the Union. Any such new affiliation shall be announced by means of a notice stating the name of the organisation, and details of any subscriptions or donations made or proposed. The notice shall be prominently displayed in the Students’ Union, and shall be made available for display in the University Library and the office of the Registrar and Secretary.

18.   The Regulations of the Union shall include procedures for the review of affiliations to external organisations annually. 5% of the members of the Union under 2 (a) above may, on provision of a signed requisition, call for a ballot of all members on the continuation of affiliation to a specified external organisation or organisations, provided that no organisation may be the subject of such a ballot more than once in any Academic Year.

19.   The Regulations of the Union shall include procedures for the consideration of any complaints by students (whether members or not) who are dissatisfied in their dealings with the Union. Complainants shall have a right of appeal to an independent person appointed by the Council of the University. Students who, not being members of the Union, claim to have been unfairly disadvantaged as a consequence, may have their complaints considered by the Registrar and Secretary, and shall have a right of appeal thereafter to an independent person.

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ORDINANCE 23 : DISCIPLINE

1.     Every student shall be subject to such disciplinary regulations as shall from time to time be passed by Senate and approved by Council.

2.     The Senate has the power to suspend a student or exclude a student from classes or exclude a student from the University or its precinct if the student is deemed to have been guilty of misconduct, and Senate may delegate this power in accordance with the University’s Code of Student Discipline which must be approved by Senate and Council.

3.     The Council has the power to expel any student deemed to have been guilty of grave misconduct, and Senate may delegate this power in accordance with the University’s Code of Student Discipline which must be approved by Senate and Council.

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ORDINANCE 24 : JOINT COMMITTEES

1      Joint Committees of Council and Senate under Section 9 (3) of the Statutes shall be constituted by a resolution of the Council and a resolution of the Senate and shall consist as to one half of members nominated by the Council and as to one half of members nominated by the Senate.

2      Such Joint Committees shall report to both Council and Senate.

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ORDINANCE 25 : ACADEMIC STAFF

PART I - CONSTRUCTION, APPLICATION AND INTERPRETATION

Construction

1.     This Section and any Ordinance or Regulation made under this Section shall be construed in every case to give effect to the following guiding principles, that is to say -

(a)    to ensure that academic staff have freedom within the law to question and test received wisdom, and to put forward new ideas and controversial or unpopular opinions, without placing themselves in jeopardy of losing their jobs or privileges;

(b)    to enable the University to provide education, promote learning and engage in research efficiently and economically; and

(c)    to apply the principles of justice and fairness.

Reasonableness of decisions

2.     No provision in Part II or Part III shall enable the body or person having the duty to reach a decision under the relevant Part to dismiss any member of the academic staff unless the reason for his dismissal may in the circumstances (including the size and administrative resources of the University) reasonably be treated as a sufficient reason for dismissing him.

Application

3.

(1)  This Section shall apply

(a)    to the Professors, Readers, Senior Lecturers and Lecturers;

(b)    to the Registrar and Secretary, the Librarian, and other senior staff holding academically related posts being posts recognised by the Council for the purposes of this Ordinance; and

(c)    to the Vice-Chancellor to the extent and in the manner set out in the Annex to this Section.

2.         In this Section any reference to "academic staff" is a reference to persons to whom this Section applies.

Interpretation

Meaning of "dismissal"

4.     In this Section "dismiss" and "dismissal" mean dismissal of a member of the academic staff and -

(a)    include remove or, as the case may be, removal from position; and

(b)    in relation to employment under a contract, shall be construed in accordance with section 55 of the Employment Protection (Consolidation) Act 1978.

Meaning of "good cause"

5.

(1)  For the purposes of this Section "good cause" in relation to the dismissal or removal from position or place of a member of the academic staff, being in any case a reason which is related to conduct or to capability or qualifications for performing work of the kind which the member of the academic staff concerned was appointed or employed to do, means -

(a)    conviction for an offence which may be deemed by a Tribunal appointed under Part III to be such as to render the person convicted unfit for the execution of the duties of the position or employment as a member of the academic staff; or

(b)    conduct of an immoral, scandalous or disgraceful nature incompatible with the duties of the position or employment; or

(c)    conduct constituting failure or persistent refusal or neglect or inability to perform the duties or comply with the conditions of the position; or

(d)    physical or mental incapacity established under Part IV.

(2)  In this clause -

(a)    "capability", in relation to such a member, means capability assessed by reference to skill, aptitude, health or any other physical or mental quality; and

(b)    "qualifications", in relation to such a member, means any degree, diploma or other academic, technical or professional qualification relevant to the position held by that member.

Meaning of "redundancy"

6.     For the purposes of this Section dismissal shall be taken to be a dismissal by reason of redundancy if it is attributable wholly or mainly to -

(a)    the fact that the University has ceased, or intends to cease, to carry on the activity for the purposes of which the member of the academic staff concerned was appointed or employed by the University, or has ceased, or intends to cease, to carry on that activity in the place in which the member concerned worked; or

(b)    the fact that the requirements of that activity for members of the academic staff to carry out work of a particular kind, or for members of the academic staff to carry out work of a particular kind in that place, have ceased or diminished or are expected to cease or diminish.

Incidental, supplementary and transitional matters

7.

(1)  In any case of conflict, the provisions of this Section shall prevail over those of any other Section and over those of the Ordinances and Regulations and the provisions of any Ordinance made under this Section shall prevail over those of any other Ordinance:

      Provided that Part III of and the Annex to this Section shall not apply in relation to anything done or omitted to be done before the date on which the instrument making these modifications was approved under subsection (9) of section 204 of the Education Reform Act 1988.

(2)  Nothing in any appointment made, or contract entered into, shall be construed as over-riding or excluding any provision made by this Section concerning the dismissal of a member of the academic staff by reason of redundancy or for good cause: Provided that nothing in this sub-clause shall prevent waivers made under section 142 of the Employment Protection (Consolidation) Act 1978 from having effect.

(3)  Nothing in any other Section or in any Ordinance or Regulation made thereunder shall authorise or require any member of the University to sit as a member of any Committee, Tribunal or body appointed under this Section or to be present when any such Committee, Tribunal or body is meeting to arrive at its decision or for the purpose of discussing any point of procedure.

(4)  In this Section references to numbered Parts, clauses, and sub-clauses are references to Parts, clauses, and subclauses so numbered in this Section.

PART II - REDUNDANCY

Purpose of Part II

8.     This Part enables the Council, as the appropriate body, to dismiss any member of the academic staff by reason of redundancy.

Exclusion from Part II of persons appointed or promoted before 20th November 1987

9.

(1)  Nothing in this Part shall prejudice, alter or affect any rights, powers or duties of the University or apply in relation to a person unless -

(a)    his appointment is made, or his contract of employment is entered into, on or after 20th November 1987: or

(b)    he is promoted on or after that date.

(2)  For the purposes of this clause in relation to a person, a reference to an appointment made or a contract entered into on or after 20th November 1987 or to promotion on or after that date shall be construed in accordance with subsections (3) to (6) of section 204 of the Education Reform Act 1988.

The Appropriate Body

10.

(1)  The Council shall be the appropriate body for the purposes of this Part .

(2)  This clause applies where the appropriate body has decided that it is desirable that there should be a reduction in the academic staff -

(a)    of the University as a whole; or

(b)    of any college, school, department, board or other similar area of the University by way of redundancy.

11.

(1)  Where the appropriate body has reached a decision under clause 10(2) it shall appoint a Redundancy Committee to be constituted in accordance with sub-clause (3) of this clause to give effect to its decision by such date as it may specify and for that purpose

(a)    to select and recommend the requisite members of the academic staff for dismissal by reason of redundancy; and

(b)    to report their recommendations to the appropriate body.

(2)  The appropriate body shall either approve any selection recommendation made under sub-clause (1), or shall remit it to the Redundancy Committee for further consideration in accordance with its further directions.

(3)  A Redundancy Committee appointed by the appropriate body shall comprise -

a Chair; and

(b)    two members of the Council, not being persons employed by the University; and

(c)    two members of the academic staff nominated by the Senate.

Notices of intended dismissal

12.

(1)  Where the appropriate body has approved a selection recommendation made under clause 11(1) it may authorise a senior employee of the University as its delegate to dismiss any member of the academic staff so selected.

(2)  Each member of the academic staff selected shall be given separate notice of the selection approved by the appropriate body.

(3)  Each separate notice shall sufficiently identify the circumstances which have satisfied the appropriate body that the intended dismissal is reasonable and in particular shall include -

(a)    a summary of the action taken by the appropriate body under this Part;

(b)    an account of the selection processes used by the Redundancy Committee;

(c)    a reference to the rights of the person notified to appeal against the notice and to the time within which any such appeal is to be lodged under Part V (Appeals); and

(d)    a statement as to when the intended dismissal is to take effect.

PART III - DISCIPLINE, DISMISSAL AND REMOVAL FROM POSITION

Disciplinary Procedures

13.

(1)  Minor faults shall be dealt with informally.

      Where the matter is more serious but falls short of constituting possible good cause for dismissal the following procedure shall be used –

Stage 1 - Oral Warning

        If conduct or performance does not meet acceptable standards the member of the academic staff will normally be given a formal ORAL WARNING.  The member will be advised of the reason for the warning, that it is the first stage of the disciplinary procedure and of the right of appeal under this clause.  A brief note of the oral warning will be kept but it will be spent after 12 months, subject to satisfactory conduct and performance.

Stage 2 - Written Warning

        If the offence is a serious one, or if a further offence occurs, a WRITTEN WARNING will be given to the member of the academic staff by the Head of Department or equivalent position.  This will give details of the complaint, the improvement required and the timescale.  It will warn that a complaint may be made to the Registrar and Secretary seeking the institution of charges to be heard by a Tribunal appointed under clause 16 if there is no satisfactory improvement and will advise of the right of appeal under this clause.  A copy of this written warning will be kept by the Head of Department or equivalent position but it will be disregarded for disciplinary purposes after 2 years subject to satisfactory conduct and performance.

Stage 3 - Appeals

        A member of the academic staff who wishes to appeal against a disciplinary warning shall inform the Registrar and Secretary within two weeks.  A Pro-Vice-Chancellor shall hear all such appeals and his decision shall be final.

Preliminary examination of serious disciplinary matters

14.

(1)  If there has been no satisfactory improvement following a WRITTEN WARNING given under Stage 2 of the procedure in clause 13, or in any other case where it is alleged that conduct or performance may constitute good cause for dismissal or removal from position, a complaint seeking the institution of charges to be heard by a Tribunal appointed under clause 16 may be made to the Registrar and Secretary who shall bring it to the attention of the Vice-Chancellor.

(2)  To enable the Vice-Chancellor to deal fairly with any complaint brought to his attention under sub-clause (1) he shall institute such investigations or enquiries (if any) as appear to him to be necessary.

(3)  If it appears to the Vice-Chancellor that a complaint brought to his attention under sub-clause (1) relates to conduct or performance which does not meet acceptable standards but for which no written warning has been given under clause 13 or which relates to a particular alleged infringement of rules, regulations or by-laws for which a standard penalty is normally imposed in the University or within the college, school, department, board or other relevant area, or is trivial or invalid he may dismiss it summarily, or decide not to proceed further under this Part.

(4)  If the Vice-Chancellor does not dispose of a complaint under sub-clause (3) he shall treat the complaint as disclosing a sufficient reason for proceeding further under this Part and, if he sees fit, he may suspend the member on full pay pending a final decision.

(5)  Where the Vice-Chancellor proceeds further under this Part he shall write to the member of the academic staff concerned inviting comment in writing.

(6)  As soon as may be following receipt of the comments (if any) the Vice-Chancellor shall consider the matter in the light of all the material then available and may -

(a)    dismiss it himself; or

(b)    refer it for consideration under clause 13; or

(c)    deal with it informally himself if it appears to the Vice-Chancellor appropriate to do so and if the member of the academic staff agrees in writing that the matter should be dealt with in that way; or

(d)    direct the Registrar and Secretary to prefer a charge or charges to be considered by a Tribunal to be appointed under clause 16.

(7)  If no comment is received within 28 days the Vice-Chancellor may proceed as aforesaid as if the member concerned had denied the substance and validity of the alleged case in its entirety.

Institution of Charges

15.

(1)  In any case where the Vice-Chancellor has directed that a charge or charges be preferred under clause 14(6)(d), he shall request the Council to appoint a Tribunal under clause 16 to hear the charge or charges and to determine whether the conduct or performance of the member of the academic staff concerned constitutes good cause for dismissal or otherwise constitutes a serious complaint relating to the member's appointment or employment.

(2)  Where the Council has been requested to appoint a Tribunal under clause 16 the Registrar and Secretary or, if he is unable to act, another senior employee appointed by the Vice-Chancellor shall take charge of the proceedings.

(3)  The person in charge of the proceedings shall formulate, or arrange for the formulation of, the charge or charges and shall present, or arrange for the presentation of, the charge or charges before the Tribunal.

It shall be the duty of the person in charge of the proceedings

(a)    to forward the charge or charges to the Tribunal and to the member of the academic staff concerned together with the other documents therein specified, and

(b)    to make any necessary administrative arrangements for the summoning of witnesses, the production of documents and generally for the proper presentation of the case before the Tribunal.

The Tribunal

16.   A Tribunal appointed by the Council shall comprise:

(a)    a Chair; and

(b)    one member of the Council, not being a person employed by the University; and

(c)    one member of the academic staff nominated by the Senate.

Provisions concerning Tribunal procedure

17.

(1)  The procedure to be followed in respect of the preparation, hearing and determination of charges by a Tribunal shall be that set out in Ordinances made under this clause.

(2)  Without prejudice to the generality of the foregoing such Ordinances shall ensure -

(a)    that the member of the academic staff concerned is entitled to be represented by another person, whether such person be legally qualified or not, in connection with and at any hearing of charges by a Tribunal;

(b)    that a charge shall not be determined without an oral hearing at which the member of the academic staff concerned and any person appointed by him to represent him are entitled to be present;

(c)    that the member of the academic staff and any person representing the staff member may call witnesses and may question witnesses upon the evidence on which the case against him is based; and

(d)    that full and sufficient provision is made

(i)   for postponements, adjournments, dismissal of the charge or charges for want of prosecution, remission of the charge or charges to the Vice-Chancellor for further consideration and for the correction of accidental errors; and

(ii)  for appropriate time limits for each stage (including the hearing) to the intent that any charge thereunder shall be heard and determined by a Tribunal as expeditiously as reasonably practicable.

Notification of Tribunal decisions

18.

(1)  A Tribunal shall send its decision on any charge referred to it (together with its findings of fact and the reasons for its decision regarding that charge and its recommendations, if any, as to the appropriate penalty) to the Vice-Chancellor and to each party to the proceedings.

(2)  A Tribunal shall draw attention to the period of time within which any appeal should be made by ensuring that a copy of Part V (Appeals) accompanies each copy of its decision sent to a party to the proceedings under this clause.

Powers of the appropriate person where charges are upheld by Tribunal

19.

(1)  Where the charge or charges are upheld and the Tribunal finds good cause and recommends dismissal or removal from position, but in no other case, the appropriate person shall decide whether or not to dismiss the member of the academic staff concerned.

(2)  In any case where the charge or charges are upheld, other than where the appropriate person has decided under sub-clause (l) to dismiss the member of the academic staff concerned, the action available to the appropriate person (not comprising a greater penalty than that recommended by the Tribunal) may be -

(a)    to discuss the issues raised with the member concerned; or

(b)    to advise the member concerned about his future conduct; or

(c)    to warn the member concerned; or

(d)    to suspend the member concerned for such period as the appropriate person shall think fair and reasonable, not to exceed 3 months after the Tribunal's decision; or

(e)    any combination of any of the above or such further or other action under the member's contract of employment or terms of appointment as appears fair and reasonable in all the circumstances of the case.

Appropriate Persons

20.

(1)    The Vice-Chancellor shall be the appropriate person to exercise the powers conferred by clause 19 and any reference to the appropriate person includes a reference to a delegate of that person

(2)    Any action taken by the appropriate person shall be confirmed in writing.

PART IV - REMOVAL FOR INCAPACITY ON MEDICAL GROUNDS

21.

(1)  This Part makes separate provision for the assessment of incapacity on medical grounds as a good cause for dismissal or removal from position.

(2)  In this Part references to medical grounds are references to capability assessed by reference to health or any other physical or mental quality.

(3)  In this Part references to the appropriate person are references to the Vice-Chancellor or a person acting as his delegate to perform the relevant act.

(4)  References to the member of the academic staff include, in cases where the nature of the alleged disability so requires, a responsible relative or friend in addition to (or instead of) that member.

22.

(1)  Where it appears that the removal of a member of the academic staff on medical grounds would be justified, the appropriate person -

(a)    shall inform the member accordingly; and

(b)    shall notify the member in writing that it is proposed to make an application to the member's doctor for a medical report and shall seek the member's consent in writing in accordance with the requirements of the Access to Medical Reports Act 1988.

(2)  If the member shares that view the University shall meet the reasonable costs of any medical opinion required.

(3)  If the member does not share that view the appropriate person shall refer the case in confidence, with any supporting medical and other evidence (including any medical evidence submitted by the member), to a Board comprising one person nominated by the Council; one person nominated by the member concerned or, in default of the latter nomination, by the Senate; and a medically qualified Chair jointly agreed by the Council and the member or, in default of agreement, to be nominated by the President of the Royal College of Physicians.

(4)  The Board may require the member concerned to undergo medical examination at the University's expense.

Termination of Employment

23.   If the Board determines that the member shall be required to retire on medical grounds, the appropriate person shall direct the Registrar and Secretary or his delegate to terminate the employment of the member concerned on those medical grounds.

PART V - APPEALS

Purpose of Part V

24.   This Part establishes procedures for hearing and determining appeals by members of the academic staff who are dismissed or under notice of dismissal or who are otherwise disciplined.

Application and interpretation of Part V

25.

(1)  This Part applies -

(a)    to appeals against the decisions of the Council as the appropriate body (or of a delegate of that body) to dismiss in the exercise of its powers under Part II;

(b)    to appeals arising in any proceedings, or out of any decision reached, under Part III other than appeals under clause 13 (Appeals against disciplinary warnings);

(c)    to appeals against dismissal otherwise than in pursuance of Part II or Part III;

(d)    to appeals against discipline otherwise than in pursuance of Part III; and

(e)    to appeals against decisions reached under Part IV

and "appeal" and "appellant" shall be construed accordingly.

(2)  No appeal shall however lie against -

(a)    a decision of the appropriate body under clause 10(2);

the findings of fact of a Tribunal under clause 18(1) save where, with the consent of the person or persons hearing the appeal, fresh evidence is called on behalf of the appellant at that hearing;

(c)    any finding by a Board set up under clause 22(3).

(3)  In this Part references to "the person appointed" are references to the person appointed by the Council under clause 28 to hear and determine the relevant appeal.

(4)  The parties to an appeal shall be the appellant and the Registrar and Secretary and any other person added as a party at the direction of the person appointed.

Institution of Appeals

26.   A member of the academic staff shall institute an appeal by serving on the Registrar and Secretary, within the time allowed under clause 27, notice in writing setting out the grounds of the appeal.

Time for appealing and notices of appeal

27.

(1)  A notice of appeal shall be served within 28 days of the date on which the document recording the decision appealed from was sent to the appellant or such longer period, if any, as the person appointed may determine under sub-clause (3).

(2)  The Registrar and Secretary shall bring any notice of appeal received (and the date when it was served) to the attention of the Council and shall inform the appellant that he has done so.

(3)  Where the notice of appeal was served on the Registrar and Secretary outside the 28 day period, the person appointed under clause 28 shall not permit the appeal to proceed unless he considers that justice and fairness so require in the circumstances of the case.

Persons appointed to hear and determine appeals

28.

(1)  Where an appeal is instituted under this Part the Council shall appoint a person described in sub-clause (2) to hear and determine that appeal.

(2)  The persons described in this sub-clause are persons not employed by the University holding, or having held, judicial office or being barristers or solicitors of at least ten years' standing.

(3)  The person appointed shall sit alone unless he considers that justice and fairness will best be served by sitting with two other persons.

(4)  The other persons who may sit with the person appointed shall be -

(a)    one member of the Council not being a person employed by the University; and

(b)    one member of the academic staff nominated by the Senate.

Provisions concerning appeal Procedures and powers

29.

(1)    The procedure to be followed in respect of the preparation, consolidation, hearing and determination of appeals shall be that set out in Ordinances made under this clause.

(2)  Without prejudice to the generality of the foregoing such Ordinances shall ensure -

(a)    that an appellant is entitled to be represented by another person, whether such person be legally qualified or not, in connection with and at any hearing of his appeal;

(b)    that an appeal shall not be determined without an oral hearing at which the appellant, and any person appointed by him to represent him are entitled to be present and, with the consent of the person or persons hearing the appeal, to call witnesses;

(c)    that full and sufficient provision is made for postponements, adjournments, dismissal of the appeal for want of prosecution and for the correction of accidental errors; and

(d)    that the person appointed may set appropriate time limits for each stage (including the hearing itself) to the intent that any appeal shall be heard and determined as expeditiously as reasonably practicable.

(3)  The person or persons hearing the appeal may allow or dismiss an appeal in whole or in part and, without prejudice to the foregoing, may

(a)    remit an appeal from a decision under Part II to the Council as the appropriate body (or any issue arising in the course of such an appeal) for further consideration as the person or persons hearing the appeal may direct; or

(b)    remit an appeal arising under Part III for re-hearing by a differently constituted Tribunal to be appointed under that Part; or

(c)    remit an appeal from a decision of the appropriate person under Part IV for further consideration as the person or persons hearing the appeal may direct; or

(d)    substitute any lesser alternative penalty that would have been open to the appropriate person following the finding by the Tribunal which heard and pronounced upon the original charge or charges.

Notification of decisions

30.   The person appointed shall send the reasoned decision, including any decision reached in exercise of his powers under clause 29(3)(a), (b) or (c), on any appeal together with any findings of fact different from those come to by the Council as the appropriate body under Part II or by the Tribunal under Part III, as the case may be, to the Vice-Chancellor and to the parties to the appeal.

PART VI  - GRIEVANCE PROCEDURES

Purpose of Part VI

31.   The aim of this Part is to settle or redress individual grievances promptly, fairly and so far as may be, within the college, school, department, board or other relevant area by methods acceptable to all parties.

Application

32.   The grievances to which this Part applies are ones by members of the academic staff concerning their appointments or employment where those grievances relate -

(a)    to matters affecting themselves as individuals; or

(b)    to matters affecting their personal dealings or relationships with other staff of the University, not being matters for which express provision is made elsewhere in this Section.

Exclusions and Informal Procedures

33.

(1)  If other remedies within the college, school, department, board or other relevant area have been exhausted the member of the academic staff may raise the matter with the Head of the College, school, department, board or other relevant area.

(2)  If the member of the academic staff is dissatisfied with the result of an approach under sub-clause (1) or if the grievance directly concerns the Head of the college, school, department, board or other relevant area, the member may apply in writing to the Vice-Chancellor for redress of the grievance.

(3)  If it appears to the Vice-Chancellor that the matter has been finally determined under Part III, IV or V or that the grievance is trivial or invalid, he may dismiss it summarily, or take no action upon it.  If it so appears to the Vice-Chancellor he shall inform the member and the Grievance Committee accordingly.

(4)  If the Vice-Chancellor is satisfied that the subject matter of the grievance could properly be considered with (or form the whole or any part of)

(a)    a complaint under Part III;

(b)    a determination under Part IV; or

(c)    an appeal under Part V

he shall defer action upon it under this Part until the relevant complaint, determination or appeal has been heard or the time for instituting it has passed and he shall notify the member and the Grievance Committee accordingly.

(5)  If the Vice-Chancellor does not reject the complaint under sub-clause (3) or if he does not defer action upon it under sub-clause (4) he shall decide whether it would be appropriate, having regard to the interests of justice and fairness, for him to seek to dispose of it informally. If he so decides he shall notify the member and proceed accordingly.

Grievance Committee Procedure

34.   If the grievance has not been disposed of informally under clause 33(5), the Vice-Chancellor shall refer the matter to the Grievance Committee for consideration.

35.   The Grievance Committee to be appointed by the Council shall comprise -

(a)    a Chair; and

(b)    one member of the Council not being a person employed by the University; and

(c)    one member of the academic staff nominated by the Senate.

Procedure in connection with determinations: and right to representation

36.   The procedure in connection with the consideration and determination of grievances shall be determined in Ordinances in such a way as to ensure that the aggrieved person and any person against whom the grievance lies shall have the right to be heard at a hearing and to be accompanied by a friend or representative.

Notification of decisions

37.   The Committee shall inform the Council whether the grievance is or is not well-found and if it is well-found the Committee shall make such proposals for the redress of the grievance as it sees fit.

ANNEX TO CLAUSE 3(1)(c) - PROVISIONS AS TO THE VICE-CHANCELLOR

1.     The Council may request its Chair to remove the Vice-Chancellor from office for good cause in accordance with the procedure described in this Annex.

(1)  A complaint seeking the removal from office of the Vice-Chancellor for good cause may be made by not less than three members of the Council to the Chair of the Council.

(2)  If it appears to the Chair of the Council, on the material before him, that the complaint raises a prima facie case and that this could, if proved, constitute good cause for dismissal or removal from office he shall request the Council to appoint a Tribunal to hear and determine the matter.

(3)  If it appears to the Chair of the Council that a complaint made to him under sub-clause (1) does not raise a prima facie  case or is trivial or invalid, he may recommend to the Council that no further action be taken upon it.

(4)  When the Council has appointed a Tribunal under subclause (2) it shall instruct a solicitor or other suitable person to formulate a charge or charges and to present, or arrange for the presentation of, the charges before the Tribunal.

(5)  A Tribunal appointed by the Council shall comprise:

(a)    an independent Chair; and

(b)    one member of the Council, not being a person employed by the University; and

(c)    one member of the academic staff.

(6)  Subject to the principles of justice and fairness the Tribunal may determine its own procedure.

(7)  The Tribunal shall send its reasoned decision on any charge referred to it together with its findings of fact regarding the charge and its recommendations, if any, as to the appropriate penalty to the Chair of the Council and to the Vice-Chancellor drawing attention to the period of time within which any appeal should be made.

(8)  Persons appointed to hear such an appeal shall be persons independent of the University holding, or having held, judicial office or being barristers or solicitors of at least 10 years’ standing and the person so appointed shall, subject to the principles of justice and fairness, determine the procedure to be adopted in hearing the appeal.

(9)  A person appointed shall send the reasoned decision on the appeal, together with any findings of fact different from those come to by the Tribunal and his recommendations, if any, as to the appropriate penalty, to the Vice-Chancellor and to the Chair of the Council.

(10)  Where a charge or charges have been upheld by the Tribunal and not dismissed on appeal, the Chair of the Council shall decide whether or not to dismiss the Vice-Chancellor.

2.     Where a complaint is to be referred to a Tribunal under this Section, the Chair of the Council may suspend the Vice-Chancellor from his duties and may exclude the Vice-Chancellor from the precincts of the University or any part thereof without loss of salary.

3.     “Good cause” in this Annex has the same meaning as in clause 5.

4.     For the purpose of the removal of the Vice-Chancellor for incapacity on medical grounds, Part IV shall have effect subject to the following modifications -

(a)    for the references to a member of the academic staff there shall be substituted references to the Vice-Chancellor;

(b)    for any reference to the office of Vice-Chancellor there shall be substituted a reference to the office of Chair of the Council;

(c)    for clause 23 there shall be substituted -

        “23. If the Board determines that the Vice-Chancellor should be required to retire on medical grounds, it shall ask the Chair as the appropriate person to decide whether or not to terminate the appointment of the Vice-Chancellor on those medical grounds.”

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ORDINANCE 26 : ACADEMIC STAFF - REDUNDANCY, DISCIPLINE, DISMISSAL, REMOVAL FROM OFFICE AND GRIEVANCE ARRANGEMENTS UNDER ORDINANCE 25

1.     General:

This Ordinance sets out provisions designed to give effect to Ordinance 25 (and each reference in this Ordinance to a Clause is to a clause of Ordinance 25, unless otherwise specified). These provisions are supplementary and subordinate to the relevant clauses of Ordinance 25, and nothing contained in this Ordinance shall be construed as conflicting with the provisions of Clause 7(1).

2.     Provisions relating to Part II - Redundancy:

(a)    A Redundancy Committee established under Clause 11(1) shall take account of such relevant factors as it may determine and follow appropriate procedures to comply with Clause 2 and the general law in relation to the implementation of redundancies.

(b)    The members of the Redundancy Committee will be appointed by the Chair of the Council from a panel nominated by the Council and the Senate on the recommendation of the Staffing Committee. In making appointments from the panel the Chair of the Council should, so far as possible, seek to ensure that the members of staff appointed to the Redundancy Committee do not work within the immediate area of the University from which reductions in academic staff are likely to be made.

3.     Provisions relating to Part III - Oral and Written Warnings:

(a)    At Stage 1 (Oral Warning) and Stage 2 (Written Warning) of the disciplinary procedures set out in Clause 13, a member of staff facing disciplinary action will be required to attend an interview with the Head of Department or equivalent officer or, where the member of staff concerned is a Head of Department or Head of College, the Pro-Vice-Chancellor. The member of staff will be notified by the Head of Department or such other relevant person, as the case may be, at least three days in advance of the interview of the time, date and reason for such interview.

(b)    At Stage 1, the issues giving rise to the meeting should be discussed, the member of staff given the opportunity to comment and respond and any remedial or other action identified. The member of staff may be accompanied by a colleague or trade union representative and the Head of Department by a colleague who may be a member of administrative staff. The reasons for any oral or formal warning given to the member of staff shall be confirmed in writing by the Head of Department, or such other relevant person, as soon as reasonably practicable after the interview at which the warning is given and in any event within seven days following such interview. The member of staff will be advised that this is the first stage of the disciplinary procedure and will be notified of the right of appeal. The Registrar and Secretary shall be notified in writing of an appeal against a disciplinary warning under Stage 1 within fourteen days of the interview at which the warning is given.

(c)    At Stage 2, the above procedure will be followed except that any written warning given to the member of staff will, in accordance with Clause 13, detail the complaint, the improvement required and the timescale. The member of staff will be notified of the right of appeal, and warned that a complaint may be made to the Registrar and Secretary seeking the institution of charges to be heard before a Tribunal if there is no satisfactory improvement. The Registrar and Secretary shall be notified in writing of an appeal against a disciplinary warning under Stage 2 within fourteen days of the of the date of the written warning.

4.     Provisions Concerning Tribunal Procedure:

        The procedure to be followed in relation to the preparation, hearing and determination of charges by a Tribunal shall, together with the provisions of Part III of Ordinance 25, and any University guidelines from time to time in force, be as set out below.

Representation and Right to a Hearing:

(a)    The parties to any Tribunal hearing shall be the member of staff against whom the charge is laid and the Registrar and Secretary, or such other officer as the Vice-Chancellor may appoint in accordance with Clause 15(2) to take charge of the proceedings for the University (in either case the University Representative). Both parties may be represented by a colleague, legal adviser or other representative in connection with and at any hearing of charges by a Tribunal. Each party will send details of its representation, if any, promptly to the other party and in any event within seven days of such colleague or other representative being appointed.

(b)    No charge shall be determined by the Tribunal without an oral hearing at which the member of staff concerned, the University Representative and any person appointed by either of them in accordance with paragraph 4(a) above, are entitled to be present. Notwithstanding the above, the Tribunal may proceed with the hearing in the absence of a party who fails to attend, provided that the party (or appointed representative) has received from the University Representative notification in writing of the date, time and place of a hearing.

(c)    The members of the Tribunal will be appointed by the Chair of the Council from a panel nominated by the Council and by the Senate on the recommendation of the Staffing Committee. The parties shall be informed of the identity of the Tribunal members normally within seven days of such appointments being made.

(d)    No Tribunal member shall have had any previous direct involvement with the decision to prefer charges or generally with any consideration of the conduct or performance of the member of staff in question. An objection by either party to any of the members of the Tribunal on reasoned grounds shall be considered by the Chair of the Council who may in his discretion reject or uphold the objection and appoint any replacement member or members of the Tribunal from the panel referred to in paragraph 4(c) above.

Service and Exchange of Documents:

(e)    The University Representative shall serve on the member of staff the charge or charges which are being preferred against him. Such charge or charges shall be served within twenty one days of a direction by the Vice-Chancellor under Clause 14(6)(d) that a charge or charges should be considered by the Tribunal. The University Representative shall forward the charge or charges to the Tribunal within seven days after either the appointment of the Tribunal or the service of such charge or charges on the member of staff, whichever shall be the later.

(f)    Within twenty one days of the service of the charge or charges on the member of staff, the member of staff will serve a Written Reply to the charges on the University Representative. The University Representative will serve three copies of the Written Reply on the Tribunal within seven days after either the appointment of the Tribunal or the service on the University Representative of the Written Reply, whichever shall be the later.

(g)    The member of staff and the University Representative shall exchange lists of witnesses and copies of all documents on which they intend to rely at the hearing by no later than twenty one days after service of the Written Reply by the member of staff on the University Representative. The University Representative shall ensure that three copies of all lists and all other documents exchanged are served on the Tribunal within seven days after either the appointment or the Tribunal or exchange, whichever shall be the later.

Directions:

(h)    Any application for directions by or on behalf of either the member of staff or the University Representative relating to procedures generally (including without limitation, postponements and adjournments, and the setting, extension or abridgement of time limits for each stage of the proceedings, including the hearing itself) shall be made to the Tribunal at any time after its appointment. In accordance with its obligation to ensure that any charge shall be heard and determined as expeditiously as reasonably practicable, the Tribunal may make directions of its own motion.

(i)     The Tribunal has the discretion to remit any charge or charges to the Vice-Chancellor for further consideration or for the correction of accidental errors.

(j)    The Tribunal may in its discretion dismiss any charge or charges for want of prosecution in circumstances where the Tribunal decides that the University Representative has not proceeded with such charge or charges as expeditiously as reasonably practicable.

(k)    At the hearing, the Tribunal shall, in its absolute discretion, decide on all matters of procedure and evidence and give such rulings and directions as are necessary for the efficient and effective conduct of the hearing. The Tribunal shall normally adopt the following order of proceedings but may modify these arrangements should that be deemed appropriate:

(i) opening statement on behalf of the University;

(ii) evidence of witnesses on behalf of the University;

(iii) opening statement on behalf of the member of staff;

(iv) evidence of witnesses on behalf of the member of staff;

(v) closing statement on behalf of the University; and

(vi) closing statement on behalf of the member of staff.

(l)     During the hearing, an opportunity will be given for each party to cross-examine witnesses called to give evidence on behalf of the other party. The Tribunal may question witnesses. After cross-examination, the party calling a witness may re-examine that witness.

5.     Provisions Relating to Part V - Appeals:

        The procedure to be followed in respect of the preparation, consolidation, hearing and determination of an appeal under Part V of Ordinance 25 (an Appeal), shall, together with the provisions of Part V of Ordinance 25 and any University guidelines from time to time in force be as set out below.

(a)    Any decision reached or action taken in relation to a member of academic staff under the Statutes, this Ordinance, any Conditions of Service or otherwise shall remain in force pending the outcome of an Appeal. An Appeal will not operate to suspend any notice period under Conditions of Service nor prevent the effluxion of time under a fixed-term contract.

(b) In the case of an Appeal under Clause 25(1)(a), (b), (c), (d) or (e) the Registrar and Secretary (or such other person as may be appointed) shall take charge of the proceedings for the University.

Representation and Right to a Hearing:

(c)    The member of staff and the person taking charge of the proceedings for the University (the University Representative) (together, the parties) may be represented by a colleague, legal adviser or other representative in connection with and at the hearing of any Appeal. Each party will send details of its representation, if any, promptly to the other party and in any event within seven days of such colleague or other representative being appointed.

(d)    An Appeal shall not be determined without an oral hearing at which the parties and any representative appointed in accordance with paragraph 5(c) above are entitled to be present. Notwithstanding the above, the Appeal hearing may be held in the absence of a party who fails to attend, provided that the party (or appointed representative) has received due notification of the date, time and place of a hearing.

The Appeal Body:

(e)    The Person Appointed will be appointed by the Chair of the Council. If the Person Appointed considers, in accordance with Clause 28(3), that additional persons should be appointed to hear the Appeal, the Chair of the Council shall appoint such additional persons from a panel nominated by the Council and the Senate on the recommendation of the Staffing Committee.

(f)    The parties shall normally be informed of the identity of the Person Appointed and of any additional persons appointed to hear the Appeal normally within seven days of such appointment or appointments being made.

(g)    No person or persons appointed to hear the Appeal (together the Appeal Body) shall have had any previous direct involvement with the decision or proceedings which form the subject matter of the Appeal. An objection by either party to any of the members of the Appeal Body on reasoned grounds shall be considered by the Chair of the Council who may in his discretion reject or uphold the objection and appoint a replacement member or members of the Appeal Body.

Directions:

(h)    Appeals may vary significantly from case to case, including in relation to their subject-matter, complexity and gravity. Both the parties to an Appeal and the Appeal Body shall in all cases seek to ensure that the procedures followed in that Appeal are those which are appropriate to the case, having regard to the underlying principles that an appeal should be heard and determined as informally and as expeditiously as reasonably practicable and to the guiding principles of justice and fairness.

(i)     The Appeal Body shall determine, in accordance with the various principles specified in Clause 5(h) above, the procedures generally (including without limitation the service of pleadings, postponements and adjournments, the correction of accidental errors, the setting and modification of time limits for each stage of the proceedings (including the hearing itself), the admissibility of evidence (subject to the provisions of the Ordinances), the preparation of written statements and submissions from the parties and the exchange of evidence). The parties may at any time apply to the Appeal Body for directions as to procedures. The Appeal Body may issue directions of its own motion. The decision of the Appeal Body shall be final.

(j)    The Appeal Body has the power to dismiss any Appeal for want of prosecution in circumstances where the Appeal Body deems that the appellant has not proceeded with such Appeal as expeditiously as reasonably practicable.

(k)    The Appeal Body shall have the right to join and consolidate a number of similar appeals into a single hearing, if in the interests of justice, fairness and the expeditious resolution of the Appeals, the Appeal Body considers it reasonable to so do.

6.     Provisions relating to Part VI - Grievance Procedures:

        The procedure to be followed in relation to the consideration and determination of grievances shall, together with the provisions of Part VI of Ordinance 25, and any University guidelines from time to time in force, be as set out below.

(a)    The parties to any hearing before the Grievance Committees shall be the member of staff who has sought redress of a grievance and the person against whom the grievance lies. If the grievance lies against the University or any officer of the University, the Registrar and Secretary, or such other person as the University may appoint (the University Representative) shall take charge of the proceedings for the University.

(b)    Both parties may be represented by a colleague or other representative at a hearing before the Grievance Committee. Each party shall send details of its representation, if any, promptly to the other party and to the Registrar and Secretary if the grievance does not lie against the University or an officer of the University, and in any event with seven days of such colleague or other representative being appointed. The University Representative shall be responsible for forwarding this information, and copies of appropriate documentation and all other relevant information to the Grievance Committee.

(c)    The members of the Grievance Committee will be appointed by the Chair of the Council from a panel nominated by the Council and by the Senate. Any objection by either party to any of the members of the Grievance Committee on reasoned grounds shall be considered by the Chair of the Council, whose decision shall be final.

(d)    No grievance which has been referred to the Grievance Committee for consideration shall be determined by the Grievance Committee without an oral hearing at which the parties and any representative appointed by them are entitled to be present. Notwithstanding the above, the Grievance Committee may proceed with the hearing in the absence of a party who fails to attend, provided that the party (or appointed representative) has received due notification of the date, time and place of a hearing, unless the party in question has made a prior written request for the postponement of the hearing for reasons which should have been stated in the request and are considered satisfactory by the Chair of the Grievance Committee.

(e)      The Grievance Committee shall complete its consideration and determination of a grievance as expeditiously as is reasonably practicable setting such time limits as are necessary to achieve that aim and shall in its discretion decide all matters of procedure and evidence and give such rulings and directions as it considers necessary for the efficient and effective conduct of the hearing.

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ORDINANCE 27 : THE ACADEMIC YEAR

1.       The Academic Year shall run from 1st August to 31st July.

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ORDINANCE 28: NOTICES OF MEETINGS

1.     Any notice required to be given by the Statutes, Ordinances, or Regulations, and not otherwise expressly provided for, shall be sufficiently given if sent by post to the last registered address of a member of the Court, Council, or other body of the University.

2.     Any notice sent by post shall be deemed to be served on the day following that on which it is posted.

3.     Where a given number of days’ notice or notice extending over any other period is required to be given, the day of service shall be counted in such number of days or other period.

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ORDINANCE 29: ASSOCIATED INSTITUTIONS AND ASSOCIATED STAFF

A. Associated Institutions

1.     An Associated Institution is an Institution which is permitted, with the approval of the Senate, to enter students for specified examinations of the University.

2.     The conferring of the status of Associated Institution shall involve no limitation of the powers of the Governing Body of that Institution, or any interference in the conduct of its internal affairs, other than in relation to the courses of the University being offered by that Institution, save that if more than half the students of the Institution are entered for examinations of the University, the Institution shall make provision for the representation of the University on its Governing Body.

3.     An Associated Institution shall be open to the visitation of the University at any time to allow for the inspection, monitoring and review of any of the University’s courses taught by that Institution.

4.     An Associated Institution shall consult the University in the making of appointments to the staff responsible for teaching courses offered by the University.

5.     Associated Institution status shall be granted by the Senate of the University on the recommendation of the relevant Head of College in relation to first degree level courses, and by the Board of Graduate Studies in relation to postgraduate level courses. Following approval by Senate, Associated Institution status shall in all cases be confirmed by the exchange of a written contract signed by a senior representative of each establishment (in the University’s case, this shall be the Registrar and Secretary). The contract shall make provision for the termination of Associated Institution status after due notice has been given.

B. Recognised Teachers

1.     The Senate may confer the title of Recognised Teacher on any person on the academic staff of an Associated Institution.

2.     The title of Recognised Teacher shall be awarded for a limited period (subject to renewal) and in relation solely to the duties undertaken by the individual in respect of a specific course or courses.

3.     In conferring the title of Recognised Teacher, Senate or its delegated authority shall have regard to the appropriateness of his or her academic or other professional qualifications to the post, and to his or her capabilities and experience.

4.     A Recognised Teacher shall cease to hold that status and title when he or she no longer holds an appointment on the staff of an Associated Institution.

5.     Only persons who are Recognised Teachers shall be eligible to serve as Internal Examiners for examinations conducted by the University.

6.     The University may withdraw the status and title of Recognised Teacher, but before doing so shall consider any representation made by the Associated Institution concerned.

C. Associate Tutors

1.     Persons who are employed by the University on annual or other limited contracts to provide academic tuition to students of the University are accorded the title and status of Associate Tutor.

2.       In appointing an Associate Tutor, a Head of Department shall have regard to the appropriateness of his or her academic or other professional qualifications to the post, and to his or her capabilities and experience.

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ORDINANCE 30: APPOINTMENT OF MEMBERS OF THE COUNCIL BY COURT UNDER STATUTES SECTION 4(1) CLASS 3

1.     The Court shall have the power to appoint to membership of the Council up to four persons from its own membership in accordance with Statutes, Section 4 (1), Class 3.

2.     Members of staff and students of the University shall not be qualified for membership of Council in this Class, provided that any member appointed in this category shall not be disqualified if he or she subsequently registers as a student.

3.     The Governance and Nominations Committee shall consider the names of the members of Court eligible for appointment and shall make recommendations to the Court thereon.

4.     The recommendations of the Governance and Nominations Committee shall be considered by the Court at its Annual General Meeting unless the vacancy for which the nomination is to be considered is a casual vacancy, in which case the vacancy shall be filled according to the provisions of Statutes, Section 4(4) whereby Council may fill that vacancy until the next Annual General Meeting of the Court.

5.     In making recommendations in accordance with this Ordinance, the Governance and Nominations Committee shall take account of the backgrounds and expertise of those nominated, and shall take such steps as are reasonable to secure a balance of membership appropriate to the functions of Council.

6.     The Governance and Nominations Committee may make such arrangements as it thinks fit, including written submissions, formal or informal interviews, to assess the suitability of candidates for membership.

7.     Members appointed in this Class shall serve for periods of three years. Membership may be renewed for a maximum continuous period of nine years and the member shall then retire for at least one full year before being eligible for reappointment.

8.     Court shall, in exceptional circumstances and upon the recommendation of the Governance and Nominations Committee, have the power to waive the conditions on maximum length of service as set out in Paragraph 7 above, provided it passes a specific resolution to this effect.

9.     No person shall be nominated for membership of Council in this Class unless that person shall have indicated a willingness to serve.

10.  

(a)    In accordance with Statutes, Section 4 (8) and subject to Statutes, Section 4 (5) no person shall be eligible for appointment or reappointment as a member of the Council (Class 3) unless notice of his her nomination shall have been given on the agenda paper of a duly convened meeting of the Court.

(b)    Such notice shall be accompanied by a brief statement of the background of the candidates.

11.   All the proceedings in the appointment of members of the Court to the Council shall be held to be strictly private and no communication regarding the proceedings shall be made to any person who is not a member of the Council without the authority of the Chair of the Council.

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ORDINANCE 31: APPOINTMENT OF MEMBERS OF THE COUNCIL BY COUNCIL UNDER STATUTES SECTION 4(1) CLASS 5

1.     The Council shall have the power to appoint up to eight persons to membership of Council in accordance with Statutes, Section 4 (1), Class 5.

2.     Members of staff and students of the University shall not be qualified for membership of Council in this Class, provided that any member appointed in this category shall not be disqualified if he or she subsequently registers as a student.

3.     The Governance and Nominations Committee shall be responsible for bringing forward recommendations to Council for appointments in this Class. Notice of forthcoming vacancies will be given in the agenda paper of a meeting of Council prior to the meeting at which nominations are to be received.

4.     In seeking candidates, the Governance and Nominations Committee may solicit recommendations from existing members of Council, from Court, from Senate, from the Alumni Association, and from other members of the University. It may also, if it thinks fit, use other means, such as advertising, to identify potential members.

5.     All names for consideration by the Governance and Nominations Committee shall be submitted to the Registrar and Secretary in writing, and the Committee shall consider all names submitted to it in this way.

6.     In making recommendations to Council, the Governance and Nominations Committee shall take account of the backgrounds and expertise of those nominated, and shall take such steps as are reasonable to secure a balance of membership appropriate to the functions of Council.

7.     The Governance and Nominations Committee may make such arrangements as it thinks fit, including written submissions, formal or informal interviews, to assess the suitability of candidates for membership.

8.     Members appointed in this Class shall serve for periods of three years. Membership may be renewed for a maximum continuous period of nine years and the member shall then retire for at least one full year before being eligible for reappointment.

9.     Council shall, in exceptional circumstances, have the power to waive the conditions on maximum length of service as set out in Paragraph 8 above, provided it passes a specific resolution to this effect.

10.   The recommendations of the Governance and Nominations Committee shall be considered by the Council at a scheduled meeting in the Summer Term, unless the vacancy is a casual vacancy, in which case the nomination will be considered at the next scheduled meeting at which proper notice can be given.

11.   No person shall be nominated for membership of Council in this Class unless that person shall have indicated a willingness to serve.

12.   The recommendations of the Governance and Nominations Committee shall be given in the agenda paper for the meeting of Council, and shall be accompanied by a brief statement of the background of the candidates.

13.     All the proceedings in the appointment of lay members of Council shall be held to be strictly private and no communication regarding these proceedings shall be made to any person who is not a member of Council without the authority of the Chair of Council.

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ORDINANCE 32: APPOINTMENT OF MEMBERS OF COUNCIL BY SENATE UNDER STATUTES SECTION 4(1) CLASS 4

1.     The Senate may appoint academic members of the Senate to membership of the Council in accordance with the provisions of Statutes, Section 4 (1), Class 4.

2.     In the Summer Term all members of the Senate will be invited to nominate members of Senate for consideration for appointment to membership of the Council. Such nominations must be submitted in writing to the Academic Registrar.

3.     Where the number of nominations is equal to or less than the number of vacancies to be filled, the persons nominated will be deemed to have been elected.

4.     Where the number of nominations exceeds the number of vacancies, an election by postal ballot shall be held, the ballot papers being circulated at least two weeks before the meeting of Senate at which the appointments are to be confirmed. The electorate for such a ballot shall be the current membership of Senate, and the returning officer shall be the Academic Registrar.

5.     The ballot paper shall list the persons nominated and members of the Senate shall each have one vote in respect of each vacancy. The vacancies shall be filled by the candidates receiving the most votes. Where two or more candidates receive an equal number of votes in respect of a vacancy the appointment will be decided by lot.

6.     The appointments shall be considered by Senate at its final meeting of the academic year, unless the vacancy for which the appointment is being considered is a casual vacancy, in which case the appointment will be considered at the next scheduled meeting after the vacancy has arisen.

7.     Members appointed in this Class shall serve for periods of three years and the member shall then retire for at least one full year before being eligible for reappointment.

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ORDINANCE 33: REMOVAL OF MEMBERS OF THE COURT AND THE COUNCIL 

1.     Any member of the Court or of the Council (other than the ex officio members or members of the academic staff to whom Ordinance 25 and 26 applies) may be removed for good cause by the Council, in accordance with the provisions of Ordinances, provided that:

(a)    no member of the Court shall be removed from the Court without the Court having first been given an opportunity to consider the proposed removal and to comment thereon to the Council; and

(b)    no person shall be removed by the Council unless he shall have been given a reasonable opportunity to have been heard by the Council.

2.     "Good cause" in this Section means:

(a)    conviction for an offence which may be deemed by the Council to be such as to render the person convicted unfit to hold the position or unfit for the execution of the duties of the position; or

(b)    conduct of an immoral, scandalous or disgraceful nature incompatible with the duties of the membership of the Court or the Council; or

(c)      conduct constituting failure or persistent refusal or neglect or inability to perform the duties or comply with the conditions of the position.

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ORDINANCE 34: APPOINTMENT OF MEMBERS OF SENATE UNDER STATUTES SECTION 6.1(d), (e). (f) AND (g) 

1.     The following shall be members of Senate under Statute Section 6.1(d): The Graduate Dean, the Director of Lifelong Learning, the Director of Information Technology Services, the Director of the Student Support and Development Service.

2.     The following shall be members of Senate under Statute Section 6.1(e): The heads of the academic units included in each college, as determined by the Senate in accordance with Ordinance 18(2).

3.     The following shall be members of Senate under Statute Section 6.1(f): Two members of the academic and research staff drawn from each of the Colleges, to be nominated by the Head of College from staff other than those prescribed elsewhere in Statute Section 6.1, and for a period of consecutive tenure not exceeding three years.  Senate may appoint up to two other members in this category.

4.       The following shall be members of Senate under Statute Section 6.1(g): Two officers of the Students’ Union, to be appointed by the Executive Committee.

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ORDINANCE 35: RETIREMENT OF THE MEMBERS OF THE STAFF

The normal retirement date for the Vice-Chancellor, the Professors and all other salaried Members of the Staff of the University is the thirtieth day of September following the date on which the member of staff attains the age of sixty-five years. Any member of staff may request to continue working beyond their normal retirement age in accordance with the University’s retirement procedure. Additionally, the University may request any such Member to continue in employment beyond their normal retirement.

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ORDINANCE 36: THE EXTERNAL AUDITOR OR AUDITORS 

1.     The Council shall appoint an external Auditor or Auditors annually.  Every such Auditor shall be a member of a recognised supervisory body and eligible for appointment under the rules of that body and the provisions of the Companies Act 2006.  The Council shall take account of requirements and guidance from the Higher Education Funding Council for England (or its successor bodies) when making appointments.

2.     The Auditor or Auditors shall hold office for a period not longer than 12 months and shall be eligible for re-appointment and shall receive such remuneration as may be determined by the Council, or by such committee as the Council may have designated for this purpose.

3.     The Auditor or Auditors shall have a right of access at all reasonable times to the books, records, accounts and vouchers of the University and shall be entitled to require from the University such information and explanations as may be necessary for the performance of his or their duties.

4.     If the office of Auditor or Auditors shall become vacant for any reason before the expiration of his or their period of office the Council shall forthwith appoint an Auditor or Auditors in his or their place for the remainder of such period.

5.       An Auditor may resign by written notice addressed to the Council.

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ORDINANCE 37: CONTRACTS 

1.     Contracts made by or on behalf of the University shall be validly made and binding on the University if made as follows:

(a)    Any contract which if made between private persons would be by law required to be in writing and if made according to English law to be under Seal may be made on behalf of the University in writing under its Common Seal and such contract may in the same manner be varied or discharged.

(b)    Any contract which if made between private persons would be by law required to be in writing and signed only by the parties to be charged therewith may be made on behalf of the University in writing signed by any person acting under the express or implied authority of the Council and such contract may in the same manner be varied or discharged.

(c)    Any contract which if made between private persons would by law be valid although made orally only and not reduced into writing may be made either in writing or orally on behalf of the University by any persons acting under the express or implied authority of the Council and such contract may in the same manner be varied or discharged.

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Gules an open book 

and inscribed with the words Ut Vitam Habeant in letters

Or between in chief two cinquefoils pierced Ermine

and in base a horse shoe also Or.

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