The Queen Margaret University, Edinburgh (Scotland) Order of Council 2007

Contents

Article 1Citation and commencement#

This Order may be cited as the Queen Margaret University, Edinburgh (Scotland) Order of Council 2007 and shall come into force on 24th March 2007.

Article 2Interpretation#

(1)In this Order, unless the context otherwise requires, the following expressions have the meanings respectively assigned to them:• “all other staff” shall mean all staff of the University other than those referred to as academic staff in article 4(2)(d)(ii);• “Chancellor” means the person appointed under article 11;• “Court” means the body referred to in article 4;• “lay member” means a member of the Court, not being a member of the staff of the University or a student;• “member” means a member of the Court;• “Memorandum of Association” and “Articles of Association” mean the Memorandum and Articles of Association of the University;• “the objects of the University” means the objects set out in the Memorandum of Association;• “the 1994 Order” means the Queen Margaret College, Edinburgh (Scotland) Order of Council 1994;• “Principal” means the person appointed to the office of Principal and Vice-Chancellor under article 12 or any person authorised, whether for the purposes of this Order or otherwise, for the time being to act as Principal and Vice-Chancellor of the University and “Vice-Principal” shall be construed accordingly;• “Secretary” means the person appointed under article 13;• “Senate” means the body referred to in article 14;• “student” means an enrolled student of the University or a sabbatical officer of the student association of the University; and• “the University” means Queen Margaret University, Edinburgh.

Article 3Powers of the Court#

(1)The Court shall carry out the objects of the University and shall have all powers necessary to carry out those objects, which powers shall be exercised by the Court on behalf of and in the name of the University either in the Court’s sole capacity or with others.

(2)Those powers shall include (without imposing any limitation on those powers) power to–

(a)admit students to, and manage all aspects of their education at and relationship with, the University;

(b)establish a Senate to discharge functions delegated to it by the Court in accordance with article 14 relating to–

(i)the academic work of the University;

(ii)conferring on any person higher and other education awards including degrees, diplomas, certificates and other academic awards or distinctions and honorary degrees; and

(iii)depriving the recipient of an award (referred to in paragraph (2)(b)(ii)) of that award;

(c)create and maintain fellowships, scholarships, studentships and other prizes;

(d)create and maintain codes of conduct and regulations required for the maintenance of standards and good order within the University;

(e)enter into contracts;

(f)form and maintain arrangements with any person;

(g)acquire, hold or dispose of any legal entity or business;

(h)acquire, hold and dispose of any of the undertakings, rights, assets or liabilities of the University;

(i)charge fees for any service provided by the University;

(j)buy, hold, lease, construct and sell any heritable or moveable property (including stocks, shares, loans and intellectual property rights) and to borrow and to give or take security of all types;

(k)invest University monies and assets as it sees fit;

(l)approve student bodies or entities or associations;

(m)create and own intellectual property or any discovery or invention of any type and to exploit these commercially;

(n)establish and maintain an alumni association;

(o)employ staff;

(p)make pension arrangements for staff and to provide benefits to staff, their spouses, partners, dependents and others; and

(q)exercise the organisational functions listed in article 4(9).

Article 4The Court#

Article 5Chair and Vice-Chair of the Court#

(1)The Court shall appoint a Chair and a Vice Chair of the Court from among the lay members appointed under article 4(a).

(2)Any person appointed to the office of Chair or Vice Chair–

(a)shall hold office for a period determined by the Court;

(b)may resign from office at any time;

(c)may be removed from office by resolution of the Court; and

(d)shall cease to be Chair or Vice Chair if such person vacates office as a member under article 6.

(3)The Chair shall preside at meetings of the Court.

(4)In the Chair’s absence the Vice Chair shall preside.

(5)If both the Chair and the Vice Chair are absent then the members shall appoint a Chair from among the members appointed under article 4(2)(a) present at the meeting.

Article 6Members of the Court#

Article 7Reserved areas of business#

At any meeting of the Court or a committee of the Court any member who has a conflict of interest (as defined in standing orders made by the Court from time to time) shall withdraw from the whole meeting or the relevant part of the meeting unless invited to remain by the other members of the Court or committee.

Article 8Validity of proceedings of the Court#

(1)No failure or defect in the appointment or election of a member and no vacancy in the office of a member shall prevent the Court from acting.

(2)No action or proceeding of the Court or of any committee of the Court shall be invalidated or be illegal by reason of a failure or defect in the appointment or election of a member or a vacancy on the Court.

Article 9Allowances to members of the Court#

(1)The Court may reimburse any member for reasonable financial loss, for travelling or subsistence expenses.

(2)In each case such payment shall be in accordance with the policies of the Court.

Article 10Responsibilities of members#

(1)The members shall be responsible for discharging the responsibilities of the Court and shall have the personal responsibilities specified in a code of conduct approved by the Court.

(2)All members shall be deemed to be bound by such a code.

(3)That code of conduct shall include the following principles–

(a)ensuring the University complies with the terms of this Order;

(b)promoting the interests of the University;

(c)acting prudently and with reasonable care, skill and diligence;

(d)complying with all legal responsibilities imposed on the members by law;

(e)acting selflessly in the interests of the University;

(f)acting with integrity in good faith, honestly, objectively, accountably and for a proper purpose;

(g)complying with good governance practice and principles;

(h)avoiding or declaring (where appropriate) conflicts of interest or potential conflicts of interest;

(i)not profiting at the University’s expense;

(j)not acting in a sectional interest; and

(k)not misusing the position of member.

Article 11Chancellor#

There shall be a Chancellor, appointed by the Court for such period or periods of office as it shall determine, who shall be the titular head of the University and who shall confer degrees, diplomas and other academic distinctions.

Article 12Principal and Vice-Chancellor#

(1)There shall be a Principal and Vice-Chancellor who shall be the chief executive officer of the University and who shall have powers, in the absence of or during any vacancy in the office of Chancellor, to confer degrees, diplomas and other academic distinctions, and to appoint a deputy who, in the absence of both the Chancellor and the Principal, shall have all such powers of conferment.

(2)The Principal shall be appointed by the Court.

(3)The Court shall make arrangements to ensure that such of its functions as are specified in paragraph (4) shall be discharged on its behalf by the Principal.

(4)The Principal shall be responsible for discharging the functions of the Court (other than those properly delegated by the Court to any committee, and those delegated to the Senate by virtue of article 14(2)) relating to the strategic direction and operational management of the University and to discipline.

(5)In discharging the functions specified in paragraph (4) the Principal shall–

(a)be subject to the control and direction of the Court; and

(b)have all the powers and duties of the Court.

Article 13Secretary#

The Court shall appoint, and agree the terms of engagement of, a Secretary who shall be a person holding a senior administrative or managerial post at the University and who will be responsible for the proper operation and conduct of the affairs of the Court.

Article 14Senate#

(1)The Court shall establish a Senate which shall be constituted and regulated in a manner specified by the Court from time to time on the recommendation of the Principal.

(2)The Court shall delegate to the Senate–

(a)its functions relating to the academic work of the University and any functions incidental or ancillary thereto;

(b)its function of conferring on any person higher and other education awards including degrees, diplomas, certificates and other academic awards or distinctions and honorary degrees; and

(c)its function of depriving the recipient of an award (referred to in article 3(2)(b)(ii)) of that award:

provided that the Principal shall be accountable to the Court, having regard to the powers of the Court, for the proper discharge by the Senate of the functions delegated to it in terms of this paragraph.

(3)The Senate shall be responsible for maintaining the academic standards of the University.

(4)In discharging any functions delegated to the Senate by the Court, the Senate shall have all the powers and duties of the Court in relation to those functions and may make recommendations to the Court on such matters as it shall think fit.

(5)The Court shall make arrangements to ensure that the Senate discharges its functions.

Article 15Variation and Revocation of Articles of Association#

The provisions of the Articles of Association are varied or revoked, as the case may be, to the extent specified in the Schedule.

Article 16The 1994 Order#

The 1994 Order is revoked.

Article 17Transitional provisions#

(1)Any governors in office at the commencement of this Order in accordance with any provisions of the 1994 Order shall be regarded as members for the remainder of their period of office as if they had become members in accordance with the appropriate provision of article 4.

(2)Any members of the Academic Council established under the 1994 Order in office at the commencement of this Order shall be regarded as members of the Senate established under article 14 for the remainder of their period of office.

Schedule · Variations and revocations of Articles of Association

(1)Article 1A is omitted and the following provision is substituted–“1A These Articles shall be subject to the provisions of the Queen Margaret University, Edinburgh (Scotland) Order of Council 2007 (the “Order”) in respect of the powers, functions, duties, composition, appointment and proceedings of the Court and of the Senate referred to in the Order.”

(2)In Article 2, the following provision is added after the definition of “University”–“• The “Order” shall have the meaning given by Article 1A.”

(3)In Article 2, the definition of “Governing Body” is omitted and the following provision is substituted–“• The “Governing Body” means the members for the time being of the Court constituted by article 4 of the Order.”

(4)In Article 2, the definition of “Academic Council” is omitted and the following provision is substituted–“• The “Senate” means the body of persons appointed in accordance with article 14 of the Order or, prior to the first such appointment, in accordance with any corresponding provisions of any order revoked by the Order.”

(5)Article 19 is omitted and the following provision is substituted–“19 The Governing Body has the entire control and management of the University.”

(6)Articles 26 to 30 and 32 to 35 are omitted.

Contains public sector information licensed under the Open Government Licence v3.0.

Defined terms · 13

Show every defined term

all other staff
shall mean all staff of the University other than those referred to as academic staff in article 4(2)(d)(ii);
Chancellor
means the person appointed under article 11;
Court
means the body referred to in article 4;
Governing Body
means the members for the time being of the Court constituted by article 4 of the Order.”
lay member
means a member of the Court, not being a member of the staff of the University or a student;
member
means a member of the Court;
Principal
means the person appointed to the office of Principal and Vice-Chancellor under article 12 or any person authorised, whether for the purposes of this Order or otherwise, for the time being to act as Principal and Vice-Chancellor of the University and “Vice-Principal” shall be construed accordingly;
Secretary
means the person appointed under article 13;
Senate
means the body referred to in article 14;
student
means an enrolled student of the University or a sabbatical officer of the student association of the University;
the 1994 Order
means the Queen Margaret College, Edinburgh (Scotland) Order of Council 1994;
the objects of the University
means the objects set out in the Memorandum of Association;
the University
means Queen Margaret University, Edinburgh.

Article 1Citation and commencement#

Article 2Interpretation#

Article 3Powers of the Court#

Article 4The Court#

Article 5Chair and Vice-Chair of the Court#

Article 6Members of the Court#

Article 7Reserved areas of business#

Article 8Validity of proceedings of the Court#

Article 9Allowances to members of the Court#

Article 10Responsibilities of members#

Article 11Chancellor#

Article 12Principal and Vice-Chancellor#

Article 13Secretary#

Article 14Senate#

Article 15Variation and Revocation of Articles of Association#

Article 16The 1994 Order#

Article 17Transitional provisions#

Schedule · Variations and revocations of Articles of Association

Defined terms · 13

Connections

History · 1 version

Article 1Citation and commencement#

Article 2Interpretation#

Article 3Powers of the Court#

Article 4The Court#

Article 5Chair and Vice-Chair of the Court#

Article 6Members of the Court#

Article 7Reserved areas of business#

Article 8Validity of proceedings of the Court#

Article 9Allowances to members of the Court#

Article 10Responsibilities of members#

Article 11Chancellor#

Article 12Principal and Vice-Chancellor#

Article 13Secretary#

Article 14Senate#

Article 15Variation and Revocation of Articles of Association#

Article 16The 1994 Order#

Article 17Transitional provisions#

Schedule · Variations and revocations of Articles of Association

Key facts