University College London Act 1996

1996 CHAPTER iii

An Act to unite the Royal Free Hospital School of Medicine, the Institute of Neurology (Queen Square) and The Institute of Child Health with University College London; to transfer all rights, properties and liabilities from the said school and institutes to the said college; and for connected and other purposes.

[4th July 1996]

WHEREAS—

(1)

University College London was founded in 1826, with the title “University of London”, under a deed of settlement executed on 11th February 1826; the foundation stone of the then university building was laid on 30th April 1827, and courses of lectures began in October 1828:

(2)

In 1836 a Royal Charter was granted, under which the proprietors of the institution then known as the University of London were reincorporated as University College London. On the same day a Royal Charter was granted to a separate body, to be known as the University of London (hereinafter referred to as “the University”) with powers to examine and grant degrees to persons holding certificates of having pursued courses of instruction approved by the University at University College London or elsewhere:

(3)

University College London was admitted as a school of the University in 1900, following the reconstitution of the University as a result of the [1898 c. 62.] University of London Act 1898 and was incorporated into the University in 1907 pursuant to the University College London (Transfer) Act [1905 c. xci.] 1905 with the title University of London, University College and was subsequently disincorporated from the University by a Royal Charter dated 9th December 1977 and reconstituted as University College London (hereinafter referred to as “the College”) by the [1979 c. xxii.] University College London Act 1979, the rights, properties and liabilities of the University relating to the College being transferred to the College:

(4)

University College Hospital grew out of the University Dispensary, which opened in September 1828 and medical classes started there on 1st October 1828; in May 1833 the foundation stone of the North London Hospital was laid on a site in Gower Street opposite the College and in 1837 the name was changed to University College Hospital (hereinafter referred to as “the Hospital”):

(5)

In 1898 it was found that the University could no longer conveniently incorporate the Hospital nor that part of the Faculty of Medicine dealing with final medical studies and it was therefore decided that the teaching of final medical studies should be carried out by a new corporation and that the teaching of preliminary and intermediate medical studies should continue in the University of London, University College premises:

(6)

The University College London (Transfer) Act 1905 accordingly provided for the formation of a separate body corporate by the name of North London or University College Hospital for the purposes of carrying on the Hospital and Medical School; from 1907 until 1948 the Hospital and Medical School were administered as one. Following the [1946 c. 81.] National Health Service Act 1946 the said Medical School by a new scheme of incorporation in 1948 became a body corporate having perpetual succession and a common seal and became administered separately from the Hospital as an independent school of the University:

(7)

By the University College London Act 1979 the said Medical School was dissolved and ceased to exist as an entity separate from the College and all its property, rights, privileges, debts and liabilities were transferred to the College:

(8)

By the [1988 c. iii.] University College London Act 1988, The Middlesex Hospital Medical School, the Institute of Laryngology and Otology, the Institute of Orthopaedics and the Institute of Urology were dissolved and all their property, rights, privileges, debts and liabilities were transferred to the College, that part of the College constituting its Medical School being known by the title “The University College and Middlesex School of Medicine of University College London”:

(9)

The Institute of Ophthalmology was incorporated on 22nd April 1950 as a company limited by guarantee with the principal objects of promoting the study of diseases of the eye and allied subjects. The said Institute’s activities are now carried on principally in premises at 11–43 Bath Street, London EC1V 1LD and pursuant to an agreement dated 1st August 1995 now form part of the College:

(10)

The London School of Medicine for Women was established in 1874 as an association incorporated under the Companies Acts 1862 and 1867 changing its name to The London (Royal Free Hospital) School of Medicine for Women in 1898 in recognition of its association with the Royal Free Hospital, founded in 1828, which provided clinical instruction for the students of the Medical School. It became a school of the University in 1900 under the name and style of the London (Royal Free Hospital) School of Medicine for Women (University of London):

(11)

The London (Royal Free Hospital) School of Medicine for Women (University of London) was reconstituted as a body corporate by Royal Charter granted by His late Majesty King George the Sixth on 9th December 1938 which was subsequently revised on 21st May 1947, by the name and style of the Royal Free Hospital School of Medicine with the main object of acquiring and taking over the property and liabilities of the London (Royal Free Hospital) School of Medicine for Women, providing for the instruction of students to enable them to take degrees in the faculty of medicine of the University or to qualify as medical and dental practitioners and doing all such other things as are incidental or conducive to advancing medical and surgical education, learning and research:

(12)

The Institute of Neurology was incorporated on 11th June 1948 as the National Hospital (Queen Square) Institute of Neurology Limited, and on 24th July 1951 as the Institute of Neurology (Queen Square), under the Companies Acts 1929 and 1948 as a company limited by guarantee with the principal objects of promoting the study of diseases of the nervous system, carrying out research and investigation and providing education and practical training of duly qualified medical practitioners as specialists in the prevention, diagnosis and treatment of these diseases. The Institute became a federated institute of the British Postgraduate Medical Federation of the University on 1st August 1950, and its activities are now carried on principally in premises attached to the National Hospital for Neurology and Neurosurgery, Queen Square, London:

(13)

The Institute of Child Health was recognised by resolution of the Senate of the University passed on 5th February 1945 as the research and teaching arm of the Hospital for Sick Children, Great Ormond Street and other related hospitals and was incorporated on 19th October 1949 as a company limited by guarantee and was admitted in July 1949 to the British Postgraduate Medical Federation of the University as an institution for postgraduate study in paediatrics. The Institute’s activities are now carried on principally in premises attached to Great Ormond Street Hospital for Children NHS Trust.

(14)

The Report of the Inquiry into London’s Health Service, Medical Education and Research under the chairmanship of Sir Bernard Tomlinson dated October 1992 recommended the linking of London Medical Schools to multi-faculty colleges and it is consistent with the policy of the University that the academic strength and financial viability of the medical schools of the University should be enhanced by the merger of some of those schools with certain multi-faculty institutions of the University:

(15)

The College, the School and the Institutes have agreed that it is expedient that provision should be made for the School and the Institutes to be united with the College in accordance with this Act:

(16)

It is expedient that the other provisions contained in this Act should be enacted:

(17)

The objects of this Act cannot be attained without the authority of Parliament:

May it therefore please Your Majesty that it may be enacted, and be it enacted, by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

1 Short title

This Act may be cited as the University College London Act 1996.

2 Interpretation

In this Act, unless the subject or context otherwise requires—

• “the appointed day”, in reference to an existing body, means such day as may be agreed by the College and that body under section 3 below;

• “the charter” means the charter incorporating the Royal Free Hospital School of Medicine, granted by His late Majesty King George the Sixth on 9th December 1938 and revised on 21st May 1947;

• “the College” means University College London;

• “existing body” means the Royal Free Hospital School of Medicine, the Institute of Neurology (Queen Square) or The Institute of Child Health.

3 Appointed day

(1) The College and an existing body may agree a day to be the appointed day for the purposes of this Act in its application to that body.

(2) Not less than 28 days before any such day as may be agreed under subsection (1) above, the College shall—

(a) give notice to the Council of the University of London of the day so agreed; and

(b) publish in the London Gazette a notice stating the day so agreed.

4 Dissolution of existing bodies

(1) On the appointed day—

(a) the Royal Free Hospital School of Medicine shall be dissolved and the charter shall be revoked; and

(b) the company incorporating respectively the Institute of Neurology (Queen Square) and The Institute of Child Health shall be dissolved.

(2) The College shall notify the registrar of the effect of paragraph (b) of subsection (1) above and of section 11 below within 14 days of the appointed day; and the registrar shall record the dissolution of the company in question.

(3) In subsection (2) above, “the registrar” has the meaning given in section 744 of the [1985 c. 6.] Companies Act 1985.

5 Transfer of property, etc

All property, real and personal, of every description (including things in action) and all rights and privileges of an existing body which immediately before the appointed day belonged to or were vested in or exercisable by that body shall on the appointed day, without any conveyance, transfer, assignment or other instrument, be transferred to and vested in, or be exercisable by, the College for all the estate and interest therein of that body.

6 Transfer of obligations, etc

All debts and obligations of an existing body shall on the appointed day be transferred and attached to the College and shall thereafter be discharged and satisfied by the College.

7 Savings for agreements, deeds, actions, etc

All agreements, appointments, awards, contracts, deeds and other instruments, and all actions and proceedings and causes of action, which immediately before the appointed day were existing or pending in favour of, or against, an existing body shall on and from the appointed day continue and may be carried into effect enforced and prosecuted by, or in favour of, or against, the College to the same extent and in like manner as if the College instead of the existing body had been party to, or interested in, the same respectively.

8 Construction of bequests, etc., and powers of trustees

(1) Any scheme, will, deed or other instrument, whether made or executed before, on or after the appointed day, which contains any bequest, gift or trust or other benefit in favour of or connected with an existing body shall, on and after the appointed day, be read and have effect as if the College were named therein instead of that body:

Provided that the College shall administer that bequest, gift, trust or other benefit as nearly as may be for the purposes intended in the original scheme, will, deed or other instrument conferring such benefit and pursuant to the purposes of the existing body as those purposes were defined before that body’s dissolution.

(2) Without prejudice to subsection (1) above, any persons who, immediately before the appointed day, had power, for all or any purposes relating to hospital services (including research) or to any other part of the health service associated with hospitals, to assist, support or otherwise benefit an existing body, shall, on and from that day, have power to assist, support or otherwise benefit the College as if it were a hospital or an institution within the health service associated with such a hospital for which those persons were appointed.

(3) In this section “the health service” and “hospital” have the same meaning as in the [1977 c. 49.] National Health Service Act 1977.

9 Transfer of powers to appoint or nominate

Any power or right of an existing body or of any officer or employee of an existing body to appoint or nominate a member of any education authority or of the governing body of any educational, charitable or other institution, shall on the appointed day be transferred to, and may be exercised by, the College or by the officer or employee of the College who in the opinion of the Council of the College most nearly performs the functions formerly performed by the former officer or employee in question.

10 Name of medical school of College

(1) Subject to subsection (2) below, that part of the College constituting its medical school shall henceforth after the appointed day in reference to the Royal Free Hospital School of Medicine be known by the title the “Royal Free and University College Medical School of University College London”:

Provided that the College shall, after the appointed day, administer the respective undertakings of The Institute of Child Health and the Institute of Neurology (Queen Square) within, and as part of, the medical school by those names and titles respectively.

(2) The Council of the College may, from time to time, by special procedure alter the name for the medical school referred to in subsection (1) above:

Provided that no such alteration shall be made for a period of 10 years from the appointed day of merger with the Royal Free Hospital School of Medicine.

(3) In subsection (2) above, “special procedure” shall comprise—

(a) the passing of a resolution by a majority of not less than two-thirds of those present and voting being an absolute majority of all the members of the Council at a meeting of the Council convened by 28 days' written notice specifying the substance of the resolution to be proposed at the meeting; and

(b) the passing of a second such resolution by a like majority at a meeting of the Council similarly convened and held not less than one month nor more than four months after the date of the first-mentioned meeting.

11 Restriction on use of names of existing bodies

No person other than the College shall, within a period of 25 years after the passing of this Act, without the consent of the College, and, in respect of the Royal Free Hospital School of Medicine, without consultation with the Royal Free Hampstead NHS Trust or its successor body, use the names “Royal Free Hospital School of Medicine”, “Institute of Neurology”, or “The Institute of Child Health”.