Sections 7, 10.
In this Act—
" The University " means the University of Oxford and the University of Cambridge respectively, or one of them separately (as the case may require) :
" The Senate " means the Senate of the University of Cambridge:
" College " means a College in the University, and ; includes the Cathedral or House of Christ Church in Oxford, and also includes Keble College, Oxford, and the Public Hostel known as Selwyn College, Cambridge :
" Hall " means St. Edmund Hall, in the University of Oxford:
" The Governing Body " of a College means, as regards the Colleges in the University of Oxford, except Christ Church and Keble College, the head and all actual fellows of the College, being graduates, and as regards Christ Church, means the dean, canons, and students, and as regards Keble College, means the Council of that College : " The Governing Body" of a College means, as regards the Colleges in the University of Cambridge, except Downing College and Selwyn College, the head and all actual fellows of the College, bye-fellows excepted, being graduates, and as regards Downing College, the head, professors, and all actual fellows thereof, bye-fellows excepted, being graduates, and as regards Selwyn College, the Council of that College :
Emolument" includes—
A headship, professorship, lectureship, readership, praslectorship, fellowship, bye-fellowship, tutorship, studentship, scholarship, exhibition, demyship, postmastership, taberdarship, Bible clerkship, servitorship, sizarship, sub-sizarship, or other place in the University or a College or the Hall, having attached thereto an income payable out of the revenues of the University or of a College or the Hall, or being a place to be held and enjoyed by a head or other member of a College or the Hall as such, or having attached thereto an income to be so held and enjoyed, arising wholly or in part from an endowment, benefaction, or trust; and
The income aforesaid, and all benefits and advantages of every nature and kind belonging to the place, and any endowment belonging to, or held by, or for the benefit of, or enjoyed by, a head or other member of a College or the Hall as such, and any fund, endowment, or property held by or on behalf of the University or a College or the Hall, for the purpose of advancing, rewarding, or otherwise providing for any member of the-University or College or Hall, or of purchasing-any advowson, benefice, or property to be held for the like purpose, or to be in any manner applied for the promotion of any such member and
As regards the University of Oxford a bursary appropriated to any College in Scotland :
" School " means a school or other place of education beyond the precincts of the University, and includes-a College in Scotland :
" Advowson " includes right of patronage, exclusive or alternate.
If any person nominated a Commissioner by this Act dies, resigns, or becomes incapable of acting as a Commissioner, it shall be lawful for His Majesty to appoint a person to fill his place, and so from time to time as regards every person appointed under this section :
Provided that the name of every person so appointed shall be laid before the Houses of Parliament within ten days after-the appointment, if Parliament is then sitting, or if not, then ten days after the next meeting of Parliament.
The Commissioner first named in this Act, as regards each of the two bodies of Commissioners, shall be the Chairman of the respective body of Commissioners ; and in case of his ceasing from any cause to be a Commissioner, or of his absence from any meeting, the Commissioners present at each meeting shall choose a chairman.
The powers of the Commissioners may be exercised at a meeting at which three or more Commissioners are present.
In case of an equality of votes on a question at a meeting, the chairman of the meeting shall have a second or casting vote in respect of that question.
The Commissioners shall have a common seal, which shall be judicially noticed.
Any act of the Commissioners shall not be invalid by reason only of any vacancy in their body, but if at any time and as long as, the number of persons acting as Commissioners is less than four, the Commissioners shall discontinue the exercise of their powers.
Until the end of the year one thousand nine hundred and twenty-four, the University and the Governing Body of a College shall have the like powers in all respects of making statutes for the University or the College respectively, and of making statutes for altering or repealing statutes made by them, as are, from and after the end of that year, conferred on the Commissioners by this Act, but every statute so made shall, before the end of that year, be laid before the Commissioners, and the same, if approved before or after the end of that year by the Commissioners by writing under their seal, but not otherwise, shall, as regards the force and operation of the statute, and as regards proceedings prescribed by this Act to be taken respecting a statute made by the Commissioners after (but not before) the statute is made, be deemed to be a statute made by the Commissioners.
If within one month after a statute so made by a College is laid before the Commissioners, a member of the Governing Body of the College makes a representation in writing to the Commissioners respecting the statute, the Commissioners, before approving of the statute, shall take the representation into consideration.
In considering a statute so made by a College, the Commissioners shall have regard to the interests of the University and the Colleges therein as a whole.
The Commissioners, in exercising their power to make a statute shall have regard to the main design of the founder of any institution or emolument which will be affected by the statute, except where that design has ceased to be observed before the passing of this Act, or where the trusts, conditions, or directions affecting the institution or emolument have been altered in substance by or under any other Act.
The Commissioners, in making a statute, shall have regard to the interests of education, religion, learning and research, and in the case of a statute which affects a College or the Hall shall have regard, in the first instance, to the maintenance of the College or Hall for those purposes.
Nothing in or done under this Act shall prevent the Commissioners from making in any statute made by them for a College such provisions as they think expedient for the voluntary continuance of any voluntary payment that has been used to be made out of the revenues of the College in connection with the College estates or property.
A statute made by the Commissioners may, if the Commissioners think fit, be in part a statute for the University, and in part a statute for a College or the Hall.
The Commissioners shall in each statute made by them declare whether the same is a statute, wholly or in any and what part, for the University or for a College or the Hall therein named ; and the declaration in that behalf of the Commissioners shall be conclusive, to all intents.
If any statute is in part a statute for a College or the Halt, it shall, for the purposes of the provisions of this Act relative to the representation of Colleges and the Hall, and of the other provisions of this Act regulating proceedings on the statute, be proceeded on as a statute for the College or Hall.
Where the Commissioners contemplate making a statute for the University or a statute for a College of the Hall containing a provision for any purpose relative to the University, or a statute otherwise affecting the interests of the University, they shall, one month at least (exclusive of any University vacation) before adopting any final resolution in that behalf, communicate the proposed statute in the University of Oxford to the Hebdomadal Council, and to the Head and to the Visitor of the College affected thereby, or to the Principal of the Hall, and in the University of Cambridge to the Council of the Senate and to the Governing Body of the College affected thereby.
The Commissioners shall take into consideration any representation made to them by the Council, College, Visitor, Principal, or Governing Body respecting the proposed statute.
Within seven days after receipt of such communication by the Council, the Vice-Chancellor of the University shall give public notice thereof in the University.
Where the Commissioners contemplate making a statute for a College or the Hall, they shall, one month at least (exclusive of any University vacation) before adopting any final resolution in that behalf, communicate the proposed statute to the Vice-Chancellor of the University and to the Head, and in the University of Oxford the Visitor, of the College, and to the Principal of the Hall.
Within seven days after receipt of such communication the Vice-Chancellor shall give public notice thereof in the University.
The Commissioners may, if they think fit, by writing under their seal, from time to time authorise and direct the University or any College or the Hall to suspend the election or appointment to, or limit the tenure of, any emolument therein mentioned for a time therein mentioned within the continuance of the powers of the Commissioners as then ascertained ; and the election' or appointment thereto or tenure thereof shall he suspended of limited accordingly.
Any statute made by the Commissioners shall operate without prejudice to-any interest possessed by any person by virtue of his-having, before the, statute comes into operation, become a member of a College or the Hall, or been elected or appointed to a University or. College, emolument, or acquired a vested right to be elected or- appointed thereto.
The Commissioners, in the exercise of their authority, may take evidence, and for that purpose may require from any officer of the University or of a College or the Hall the production of any documents or accounts relating to the University or to the College or Hall (as the case may be), and any information relating to the revenues, statutes, usages, or practice thereof, and generally may send for persons, papers, and records.
Eight weeks at least (exclusive of any University vacation) before the Commissioners, in the first instance, enter on the consideration of a statute to be made by the Commissioners for a College or the Hall, they shall, by writing under their seal, give notice to the Governing Body of the College, and in the University of Oxford to the Visitor of the College, and in the case of the Hall to the Principal thereof, of their intention to do so.
The Governing Body of the College, at any time after receipt of the notice, may, at an ordinary general meeting, or at a general meeting specially summoned for this purpose, elect three persons to be Commissioners to represent the College in relation to the making by the Commissioners of statutes for the College.
But, in the case of a. College, any actual member of the foundation whereof is nominated a Commissioner in this Act, no more than two persons shall be so elected, while that member is a Commissioner.
If during the continuance of the powers of the Commissioners a vacancy happens by death, resignation, or otherwise, among the persons so elected, the same may be filled up by a like election ; and so from time to
Each person entitled to vote at an election shall have one vote for every place to be then filled by election, and may give his votes to one or more of the candidates for election, as he thinks fit.
The persons elected to represent a College, and the Principal of the Hall, shall be, to all intents, Commissioners in relation to the making by the Commissioners of statutes for the College or Hall, before and after the making thereof, but not further or otherwise, save that they shall not be counted as Commissioners for the purposes of the provisions of this Act requiring four Commissioners to be acting and three to be present at a meeting.
Where the Commissioners propose at any meeting, not being an adjourned meeting, to make a statute for a College or the Hall, they shall give to the Governing Body of the College or to the Principal of the Hall, by writing under the seal of the Commissioners, or under the hand of their secretary, fourteen days notice of the meeting.
Any act of the Commissioners shall not be invalid by reason only of any failure to elect any person to be a Commissioner to represent a College, or the failure of any person elected to represent a College, or of the Principal of the Hall, to attend a meeting of the Commissioners.
The Commissioners, within one month after making a statute, shall cause it to be submitted to His Majesty in Council, and notice of it having been so submitted shall be published in the London Gazette (in this Act referred to as the gazetting of a statute).
The subsequent proceedings under this Act respecting the statute shall not be affected by the cesser of the powers of the Commissioners.
At any time within eight weeks (exclusive of any University vacation) after the gazetting of a statute, the University or the Governing Body of a College, or the trustees, governors, or patron of a University or 'College emolument, or the Principal of the Hall, or the Governing Body of a school, or any other person or body, in case the University, College, emolument, Hall, school, person, or body, is directly affected by the statute, may petition His Majesty in Council for disallowance of the statute, or of any part thereof.
It shall be lawful for His Majesty in Council to refer any statute petitioned against under this Act to the Universities Committee.
The petitioners shall be entitled to be heard by themselves or counsel in support of their petition.
It shall be lawful for His Majesty in Council to make from time to time, rules of procedure and practice for regulating proceedings on such petitions.
The costs of all parties of and incident to such proceedings shall be in the discretion of the Universities Committee ; and the orders of the Committee respecting costs shall be enforceable as if they were orders of a Division of the High Court of Justice.
If the Universities Committee report their opinion that :a statute referred to them, or any part thereof, ought to he disallowed, it shall he lawful for His Majesty in Council to disallow the statute or that part, and thereupon the statute or that part shall he of no effect.
If, during the continuance of the powers of the Commissioners, the Universities Committee report their opinion that a statute referred to them ought to he remitted to the Commissioners with a declaration, it shall be lawful for His Majesty in Council to remit the same accordingly ; and the Commissioners shall reconsider the statute, with the declaration, and the statute, if and as modified by the Commissioners, shall be proceeded on as an original statute is proceeded on, and so from time to time.
If a statute is not referred to the Universities Committee, then, within one month after the expiration of the time for petitioning against it, the statute shall be laid before both Houses of Parliament, if Parliament is then sitting, and if not, then within fourteen days after the next meeting of Parliament.
If a statute is referred to the Universities Committee, and the Committee do not report that the same ought to be wholly disallowed or to be remitted to the Commissioners, then, as soon as conveniently may be after the report of the Universities Committee thereon, the statute, or such part thereof as is not disallowed by Order in Council, shall be laid before both Houses of Parliament.
If neither House of Parliament, within four weeks (exclusive of any period of prorogation) after a statute or part of a statute is laid before it, presents an address praying His Majesty to withhold his consent thereto, it shall be lawful for His Majesty in Council by Order to approve the same.
Every statute or part of a statute made by the Commissioners, and approved by Order in Council, shall be binding on the University and on every College and on the Hall, and shall be effectual notwithstanding any instrument of foundation or any Act of Parliament, Order in Council, decree, order, statute, or other instrument, or thing constituting wholly or in part an instrument of foundation, or confirming or varying a foundation, or endowment, or otherwise regulating the University or a College or the Hall.
If after the .cesser of the powers of .the Commissioners any doubt arises with respect to the true meaning of any statute made by the Commissioners for the University of Cambridge, the Council of the Senate may apply to the Chancellor of the University for the time being, and he may declare in writing the meaning of the statute on the matter submitted to him, and his .declaration shall be registered by the Registrary of the University, and the meaning of the statute as therein declared shall he deemed to he the true meaning thereof.
Every statute, ordinance, and regulation made as follows, namely :—
(1)Every statute, ordinance, and regulation made by or in relation to the University or a College under any former Act before the passing of this Act, and required by any former Act to be submitted to His Majesty in Council, but not so submitted before the passing of this Act; and
(2)Every statute, ordinance, and regulation made by or in relation to the University or a College under any former Act after the, passing of this Act, and before the cesser of the powers of the Commissioners, and required by any former Act to be submitted to His Majesty in Council; and
(3)Every statute, ordinance, and regulation made by or in relation to a College under any former Act or any ordinance since the first day of January, one thousand nine hundred and twenty-three, and before the passing of this Act,
shall, in lieu of being submitted to His Majesty in Council under and according to any former Act or any ordinance, and whether or not a submission to His Majesty in Council is required under any former Act or any ordinance, be, with the consent of the Commissioners in writing under their seal, but not otherwise, submitted to His Majesty in Council under this Act, and be proceeded on as if it were a statute made by the Commissioners, with the substitution only of the University or the College for the Commissioners in the provisions of this Act in that behalf; and the same, if and as far as it is approved by Order in Council under this Act, shall have effect as if it had been submitted and proceeded on under any former Act or any ordinance.
Nothing in this Act shall be construed to repeal any provision of the [34 & 35 Vict. c. 26.] Universities Tests Act, 1871.