Statutory Instrument 1993 No. 557 (S. 76)

The Napier University (Scotland) Order of Council 1993

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© Crown Copyright 1993

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1993 No. 557 (S. 76)

EDUCATION, SCOTLAND

The Napier University (Scotland) Order of Council 1993

At the Council Chamber, Whitehall

By the Lords of Her Majesty's Most Honourable Privy Council

Their Lordships, in exercise of the powers conferred upon Them by sections 45 and 60 of the Further and Higher Education (Scotland) Act 1992^[1] and all other powers enabling Them in that behalf, are pleased to order, and it is hereby ordered, as follows:

Citation and commencement
    1.    This order may be cited as the Napier University (Scotland) Order of Council 1993 and shall come into force on 1st April 1993.

Interpretation
    2.—(1)  In this Order, unless the context otherwise requires, the following expressions have the meanings respectively assigned to them:

"the Act" means the Further and Higher Education (Scotland) Act 1992;


"the graduates" means all persons who have been registered students of the University, or the former Napier College, Edinburgh College of Commerce or Napier Polytechnic of Edinburgh and have duly completed their particular course of study and received their due award;


"the students" means all persons registered for a course of study of the University;


"the Academic Board" means the Board appointed under article 6(1);


"the University" means Napier University designated under section 44 of the Act being the institution formerly known as Napier Polytechnic of Edinburgh and now renamed in accordance with section 49 of the Act;


"the Court" means the Court of the University, being the governing body constituted as a body corporate by regulation 3 of the Napier College of Commerce and Technology (No. 2) Regulations 1985^[2] and now renamed in accordance with section 49 of the Act; and


"the 1988 Regulations" means the Central Institutions (Scotland) Regulations 1988^[3].

    (2)  In this Order, unless the context otherwise requires, any reference to a numbered article, Part or Schedule shall be construed as a reference to the article, Part or Schedule, as the case may be, which bears that number in this Order and any reference to a numbered paragraph in an article of, or Schedule to, the Order is to be construed as a reference to the paragraph bearing that number in that article or, as the case may be, that Schedule.

The Court
    3.—(1)  The Court shall be the governing body of the University, and shall administer it for the objects of providing education, carrying out research, and promoting teaching, research and general scholarship.

    (2)  The Court shall consist of the following persons:
 (a) one person to be appointed by the Chancellor who shall act as Assessor to the Chancellor;
 (b) the Principal and Vice-Chancellor referred to in article 5;
 (c) any Vice-Principal or Vice-Principals referred to in article 9 provided that their numbers shall not exceed two. In the event of there being more than two Vice-Principals at any time, the Principal and Vice-Chancellor shall nominate the two Vice-Principals to serve on the Court;
 (d) four members of the staff of the University to be appointed as follows:
 (i) two who shall be appointed by the Academic Board from the members of the full-time academic staff of the University who are members of the Academic Board, at least one of whom shall be below the level of Head of Department;
 (ii) one who shall be elected by the full-time academic staff of the University from among such staff; and
 (iii) one who shall be elected by the full-time non-academic staff of the University from among such staff;
 (e) the President of the Students' Association and one other office-bearer of the Association to be selected by that Association as referred to in article 7;
 (f) one person to be appointed by the Graduates' Association referred to in article 8; and
 (g) such other persons appointed by the Court reflecting a variety of different interests and experience, including those with experience in the provision of education, local government, industrial, commercial or employment matters or the practice of any profession, being not less than 12 nor more than 16 persons as the Court may from time to time determine.

    (3)  It shall be competent for the Court from time to time to vary the numbers of persons to be appointed under any of paragraphs 2(c) to 2(g), provided that no category there referred to shall cease to be represented on the Court. In any such variation those persons appointed under paragraph 2(g) shall remain in overall majority in the Court, and no variation shall be effective unless determined by a two-thirds majority of the whole members of the Court.

    (4)  Other than those members of the staff of the University appointed to the Court under articles (2)(b), (c) and (d), no members of staff of the University shall be eligible for appointment to the Court.

    (5)  The functions and powers of the Court shall be as set out in Schedule 1, and shall be exercised without prejudice to any person on grounds of gender, race, religion or other belief and in a manner which promotes academic freedom.

    (6)  No failure or defect in the appointment of any member of the Court and no vacancy in the office of a member of the Court shall prevent the Court from acting in the execution of its functions, nor shall any act or proceeding of the Court or of any Committee appointed by it be invalidated or be illegal by reason of or in consequence of any such vacancy or of any such defect in the appointment of any member of the Court.

    (7)  No person other than an ex officio member shall be appointed to the Court for a term of office of more than 4 years; and no person other than an ex officio member shall be appointed to the Court where his term of office, if aggregated with any previous terms of office, whether served before or after the coming into force of this Order, would cause him to serve for more than 12 years on the Court.

    (8)  A person who has attained the age of 70 years shall not thereafter be eligible to take office, whether for a first or subsequent term, as a member of Court; provided that nothing in this article shall prohibit a person who attains the said age during a term of office from continuing as a member of Court until the expiry of that term.

Chancellor
    4.—(1)  There shall be a Chancellor of the University appointed in a manner to be determined by the Court who shall be the titular head of the University and shall be entitled to confer degrees and other awards of the University.

    (2)  The period of office of the Chancellor shall be determined by the Court on appointment, and may be renewed.

Principal and Vice-Chancellor
    5.—(1)  There shall be a Principal of the University who shall also be the Vice-Chancellor. The Principal and Vice-Chancellor shall be the chief Academic and Administrative Officer of the University. In the absence of the Chancellor or during a vacancy in that office, the Principal and Vice-Chancellor may exercise and perform all the functions of the Chancellor including the conferment of degrees.

    (2)  The Principal and Vice-Chancellor shall be appointed by the Court in a manner to be determined by the Court from time to time.

    (3)  The Court shall secure that its functions (other than those referred to in article 9(1) and those delegated to the Academic Board by virtue of article 6) relating to the organisation and management of the University and to the appointment, promotion and discipline of staff therein shall be discharged by the Principal and Vice-Chancellor and subject thereto may delegate such other of its functions and powers as are set out in Part A of Schedule 1 as the Court may from time to time determine.

    (4)  In discharging the functions specified in paragraph (3), the Principal and Vice-Chancellor shall be subject to the general control and direction of the Court, but otherwise the Principal and Vice-Chancellor shall have all the powers and duties of the Court in relation to those functions.

The Academic Board
    6.—(1)  The Court shall appoint and maintain by further appointment an Academic Board of the University constituted and appointed in accordance with Schedule 2. The Principal and Vice-Chancellor shall preside over meetings of the Academic Board.

    (2)  The Academic Board may from time to time with the approval of the Court regulate the procedures to be adopted by it including the appointment by the Academic Board of such committees as may be considered appropriate, and any other matters connected with the functions of the Academic Board, provided that any such procedures shall secure:
 (a) the appointment of a Vice-Chairman of the Academic Board; and
 (b) a minimum number of meetings of the Academic Board in each year.

    (3)  The Court may from time to time delegate to the Academic Board or assume in place of the Academic Board such particular powers and functions as they may determine but subject thereto the Court shall delegate to the Academic Board their whole functions set out in Part C of Schedule 1 hereto provided however that they may from time to time require that such matters as they may specify shall only be determined with the approval of the Court.

    (4)  The Academic Board may make such rules and regulations as may be necessary for the implementation of their functions or any of the functions delegated to them by the Court.

The Students' Association
    7.—(1)  There shall be an Association of the students of the University, known as "the Students' Association".

    (2)  The Students' Association shall have a Council, a President and such other office-bearers as it may from time to time determine.

    (3)  The principal functions of the Students' Association shall be to advise, assist and represent the students, to provide a channel of communication between the students and the authorities of the University, to provide social and recreational services and facilities for the students and to enable its members to co-operate with members of other institutions for their mutual benefit.

    (4)  The Students' Association shall be constituted initially in accordance with the scheme for the constitution and functions of the Students' Association of Napier Polytechnic of Edinburgh, made under the Napier College of Commerce and Technology (No.2) Regulations 1985, which scheme shall continue in force subject to paragraph (5).

    (5)  Subject to paragraphs (2) and (3), the Association shall have power, with the approval of the Court, to determine its own constitution and functions, to amend or revoke any provision of the scheme referred to in paragraph (4), and to make regulations as to the manner of election of the Council and the office bearers and any other matter relating to the powers, functions, membership and administration of the Association.

The Graduates' Association
    8.—(1)  There shall be an Association of the graduates of the University, known as "the Graduates' Association", with a Council, President and such other office-bearers as the Association may from time to time determine.

    (2)  The principal functions of the Graduates' Association shall be to foster and develop the relationships between the graduates and the University and among the graduates themselves, and to promote, assist and support the University in any ways which may from time to time seem appropriate and useful.

    (3)  The initial constitution of the Graduates' Association shall be determined by the Court.

    (4)  The manner of election of the Council and the Office-bearers, and any other matters relating to the powers, functions, membership and administration of the Association which at any time it may be thought proper to regulate shall be determined by the Association with the approval of the Court.

Staff
    9.—(1)  In addition to the appointment of a Principal and Vice-Chancellor as referred to in article 5 hereof, the Court may as the need arises and after consultation with the Principal and Vice-Chancellor appoint a Secretary, and such Vice-Principals and Assistant Principles as the Court may consider necessary for the discharge of its functions.

    (2)  The Court may also appoint such other staff as it may consider necessary for the discharge of its functions.

Prizes and Bequests
    10.    The Court shall, after paying any necessary expenses of management and the burdens and taxes affecting each of the funds to which Schedule 3 hereto relates, apply the free income of each fund for the purposes specified in column (3) of the said Schedule against the name of that fund. If at the end of any financial year there is an unexpended balance of income on any of the said funds, it shall be in the power of the Court to carry the said balance or part thereof forward to the following financial year or to add the said balance or part thereof to the capital of the said fund.

Variations and Revocations of Regulations specific to the University
    11.    In the Napier College of Commerce and Technology (No. 2) Regulations 1985, without prejudice to the validity of anything done thereunder:
 (a) all provisions except the preamble and regulations 1 and 3 are hereby revoked; and
 (b) in regulation 3, for "The Governors of Napier Polytechnic of Edinburgh" there shall be substituted "The Court of Napier University".

Partial Revocation of the 1988 Regulations
    12.—(1)  The 1988 Regulations shall cease to have effect in so far as they apply to the University.

    (2)  In Schedule 2 to those Regulations, paragraph 9 relating to The Napier College of Commerce and Technology (No. 2) Regulations 1985 is hereby revoked.

Savings and Transitional Provisions
    13.—(1)  For the avoidance of doubt, nothing in this Order shall be taken to affect the continuance of the Court as a body corporate in accordance with The Napier College of Commerce and Technology (No. 2) Regulations 1985.

    (2)  Any governors in office at the commencement of this Order in accordance with any provision of the 1988 Regulations shall continue for the remainder of their period of office as if they had become members of the Court in accordance with the corresponding provision of this Order.

    (3)  Any members of the Academic Board established under the 1988 Regulations in office at the commencement of this Order shall continue as members of the Academic Board established under article 6 for the remainder of their period of office.

    (4)  Any office-bearers or members of the Council of the Students' Association established under the Napier College of Commerce and Technology (No. 2) Regulations 1985 in office at the commencement of this Order shall continue as office-bearers or members of the Council of the Students' Association established under article 7 for the remainder of their period of office.

    (5)  The whole arrangements prevailing at the time of the coming into force of this instrument shall continue to operate unless or until varied or superseded by the Court.

N. H. Nicholls

Clerk of the Privy Council

[1] 1992 c. 37. back

[2] S.I. 1985/1163, amended by S.I. 1988/1715. back

[3] S.I. 1988/1715. back

Explanatory Note