Statutes Made for Merton College Oxford

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STATUTES

MADE FOR

OXFORD

FOR THE UNIVERSITY OF OXFORD COMMISSIONERS ACTING IN PURSUANCE OF THE UNIVERSITIES OF OXFORD AND CAMBRIDGE ACT 1923 APPROVED BY THE KING IN COUNCIL 30 APRIL 1926 WITH AMENDMENTS APPROVED BY THE KING IN COUNCIL AND BY THE QUEEN IN COUNCIL UP TO AND INCLUDING MARCH 2008

November 2013

MERTON COLLEGE OXFORD

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We, the University of Oxford Commissioners, under and by virtue of all and every the powers in this behalf enabling us contained in the Universities of Oxford and Cambridge Act, 1923, do by this present Instrument under our Seal make the Statutes hereunto annexed for the Warden and Scholars of the House or College of Scholars of Merton in the University of Oxford, being Statutes wholly for the College.

Given under our Common Seal this Nineteenth day of December, in the year of Our Lord One Thousand Nine Hundred and Twenty-Five.

L.S.

CONTENTS

STATUTE PAGE

PREAMBLE 4

I THE CONSTITUTION OF THE COLLEGE 6

II THE WARDEN 7

III THE FELLOWS 8

IV THE POSTMASTERS AND EXHIBITIONERS 17

V Rescinded 14 February 2001

VI THE OFFICERS OF THE COLLEGE 18

VII THE ADMINISTRATION OF THE COLLEGE 20

VIII ACADEMIC STAFF 22

IX PENSIONS UNDER THE FEDERATED SUPERANNUATION SCHEME FOR UNIVERSITIES 38

X Rescinded 14 February 2001

XI POWERS OF INVESTMENT 40

XII DISPOSAL OF REVENUE, AND ACCOUNTS 41

XIII THE VISITOR 44

XIV PROVISIONS RELATIVE TO THE UNIVERSITY 46

XV FORM OF ACCOUNTS OF THE COLLEGE AND THE AUDIT AND PUBLICATION THEREOF 47 XVI ALTERATION OF STATUTES 49

Preamble

MERTON COLLEGE, otherwise called the House or College of Scholars of Merton, was founded in the year 1264 at Malden in Surrey by Walter de Merton, sometime Chancellor of England and at a later period Bishop of Rochester. The first body of the Founder's Statutes was given in 1264, the second in 1270, the third and last in 1274, in which year the House of the Scholars was transferred to Oxford.

The purpose of the foundation is declared in the following introduction to the Statutes of 1274:

'In nomine gloriosissime et indiuidue Trinitatis, Patris, et Filii, et Spiritus Sancti. Amen. Ego, Walterus de Merton, clericus, illustris domini Regis Anglie quondam Cancellarius, de summi rerum et bonorum opificis bonitate confisus, eiusdem gratie qui vota hominum pro sua voluntate ad bonum disponit et dirigit, fidenter innisus, animique reuolucione sepe sollicitus si quid sui nominis honori retribuam pro hiis que michi in hac vita habundanter retribuit, domum, quam scolarium de Merton intitulari seu nuncupari volui et mandaui, et quam in meo solo proprio, meis laboribus adquisito, videlicet, apud Maldon in comitatu Surriensi, ad perpetuam sustentacionem scolarium in scolis degencium, pro salute anime mee et animarum domini Henrici quondam regis Anglie, necnon et germani sui Ricardi Romanorum regis incliti, et antecessorum et heredum suorum, ac parentum et benefactorum meorum omnium, ad honorem et gloriam Altissimi, ante turbacionem in Anglia nuper subortam, fundaui et stabiliui, nunc, pace Anglie reformata ac pristina turbacione sedata, animi stabilitate perpetua approbo stabilio et confirmo, locumque sibi habitacionis et domum Oxonie, vbi vniversitas viget studencium, in meo territorio proprio, ecclesie Sancti Iohannis contermino, concedo et assigno. Quam siquidem domum scolarium de Merton nuncupari volo, atque in ea scolares perpetuo moraturos esse decerno. Cui siquidem domui, seu scolaribus in eadem, Altissimo concedente, imperpetuum moraturis, maneria mea de Maldon et de Farlegh cum suis pertinentiis, que pro ipsorum scolarium et ministrorum altaris, qui in ea residentes erunt, sustentacione perpetua, tempore dicte turbacionis contuli, etiam in presenti, pace regni reformata, concedo, ipsamque collacionem spontanea et libera voluntate approbo, ac deliberato iudicio ratifico et confirmo. Que etiam maneria dictis scolaribus, vna cum aliis per me sibi adquisitis et adquirendis, apud eosdem scolares et fratres perpetuo permanere decerno, sub forma et condicionibus infra scriptis, tam circa personas quam circa regulam eorundem, annuente Domino, futuris temporibus iugiter obseruandis.'

Warden Brodrick's translation reads as follows:

In the name of the most glorious and undivided Trinity, the Father, Son and Holy Ghost, Amen: I, Walter de Merton, clerk, and formerly Chancellor of the illustrious Lord the King of, England, trusting in the goodness of the Sovereign Creator of the world, and of its blessings, and confidently reposing on the grace of Him who at his pleasure orders and directs to good the wills of men, and after I had frequently and anxiously considered how I might make some return in honour of his name, for the abundance of his bounty towards me in this life, did formerly, and before the troubles which have of late arisen in England, found and establish a house which I willed and commanded to be named and entitled 'the House of the Scholars of Merton’. This House was founded on my own property, which I had acquired by my own exertions: it was situated at Malden, in the county of Surrey, and was destined for the constant support of scholars residing in schools, in behalf of the salvation of my own soul, and of the souls of the Lord Henry, formerly King of England, that of his brother Richard, the renowned King of the Romans, and those of their predecessors and heirs, and of all my own 4 parents and benefactors, to the honour and glory of the Most High. But now that peace is restored in England, and our old troubles are allayed, I approve with firm purpose of mind, establish, and confirm the former grant; and I limit, grant, and assign the local habitation and home of the school to be at Oxford, where there is a prosperous University of students, on my own proper freehold which abuts upon St. John’s Church; and it is my will that it should be called the House of the Scholars of Merton, and I decree that it shall be the residence of the Scholars for ever. As I had, at the time of the aforesaid troubles, bestowed on the House or the Scholars who, with the blessing of the Most High, are to reside there for all future times, my manors of Malden and Farleigh, and their appurtenances, for the perpetual support of the Scholars and ministers of the altar, who are intended to be resident in the House, now that the peace of the realm has been again restored, I make the same grant, and approve, and deliberately ratify and confirm it, of my own free and spontaneous will. It is my further decree that the aforesaid manors shall remain for ever in the possession of the Scholars and brethren, and so of any other manors which I have acquired or may acquire for their use, under the forms and conditions set down below, and that, as well in respect to the persons as to the rules which are to bind them, and which must, God willing, be observed without intermission during all times to come.

STATUTE I

The Constitution of the College

Governing Body 1 The Governing Body of the College shall, subject to the of the College provisions of Section 14 of Statute III, be the Warden & Fellows exclusive of Honorary Fellows, Visiting Research Fellows, and Sir Henry Savile Fellows.

Government 2 Subject to the provisions of these Statutes, all things of the College required or authorized to be done by the College may be done by a majority of the Governing Body of the College present at a College meeting.

3 Words in these Statutes importing the masculine shall include the feminine and, unless the context otherwise requires, words in the singular shall include the plural and words in the plural shall include the singular.

Objectives 4 The objects of the College shall be, for the public benefit, to advance education, learning, research and religion through the provision of a college in Oxford or elsewhere.

STATUTE II

The Warden

General Duties 1 The Warden shall exercise a general superintendence over of the Warden the College in all its departments.

Qualifications 2 In electing to the office of Warden, the electors shall of the Warden choose the person who is in their judgement most fit for the government of the College as a place of religion, learning and education.

Election of 3 (a) The election of the Warden shall be vested in such Warden members of the Governing Body present at the time of election as have completed two years from the day of their admission to the Governing Body.

(b) As soon as it becomes known that a vacancy has occurred in the office of Warden, the Sub-Warden, or in his absence the Senior Fellow in residence, shall convene a preliminary meeting of the members of the Governing Body then in residence.

(c) At the preliminary meeting a day and hour shall be appointed for a meeting to be held for the election of a Warden; and the Sub-Warden, or the Senior Fellow in residence, as the case may be, shall convene a meeting of the electors for that day and hour by sending a notice to each of the electors at his usual address.

(d) The day so appointed shall not be less than twenty days nor more that six months from the day of the meeting at which it is appointed; provided that the month of August shall be disregarded in reckoning these periods of time.

(e) The votes of the electors shall be taken by ballot, and that person who shall have obtained the whole or the majority of the votes of the electors present and voting at the election shall be declared elected.

(f) In the event of no person having obtained an absolute majority of votes, the voting shall be repeated until some person shall have obtained an absolute majority.

(g) If after seven days no person shall have obtained an absolute majority of the votes given, the Visitor shall name such one of the persons finally voted for at the election as he shall think most fit, and that person shall be deemed elected.

(h) No Fellow shall be disqualified from voting at the election of a Warden by reason of his being nominated as a candidate for the Wardenship.

(i) In the case of an election having been made unanimously or by an absolute majority, the name of the person elected shall be forthwith certified to the Visitor under the College seal.

(j) If the newly elected Warden is unable immediately to undertake the duties of his office it shall be lawful for the Governing Body to dispense him from his duties for a period not exceeding one year and to appoint one of its number to be Acting Warden for that period.

(k) Notwithstanding anything in clauses (b) and (c) of this section, if the Warden is to vacate office on a known date either by retirement or by resignation the Governing Body may resolve at a Stated General Meeting held not more than twelve months before that date that the Sub-Warden summon a meeting for the election of the Warden’s successor for a date not less than twenty days after the date of the resolution, and the Sub-Warden shall give notice in writing of the day and hour of meeting to every elector at his usual address.

(l) The electors shall be the same persons and the election shall be conducted in the same manner as if the office of Warden were already vacant, but the election shall take effect from the date upon which the then Warden vacates office.

Residence of 4 (a) The Warden shall reside in his lodgings twenty-eight Warden weeks at least in each year, where of six weeks at least shall be in each Term.

(b) The Governing Body may grant a Warden who has been five years or more in office leave of absence on full pay for not more than one term in any period of ten terms to be counted from the date when he took office, and not more than three terms consecutively, and may appoint one of their number to be Acting Warden for that period. Any term in which the Warden holds the office of Vice-Chancellor shall count as a qualifying term for the purpose of leave granted under this clause. The Governing Body shall not grant the Warden leave of absence for any longer period without the consent of the Visitor.

(c) During such leave of absence the Warden may take other paid employment, but the Governing Body may reduce or suspend his stipend for the period of that employment.

(d) In addition to leave granted under paragraph (b) the Governing Body may grant the Warden leave for sickness or other urgent cause for two months in any one year or with the consent of the Visitor for a longer period.

Stipend of Warden 5 (a) The Warden shall receive such stipend, payable out of the corporate revenues of the College, as the College shall from time to time determine; and in addition thereto, he shall be entitled to use his Lodgings free of rent, rates and taxes. He shall receive as an annual allowance to meet the expenses of entertainment and all other expenses of whatever nature incurred by him by reason of his tenure of his office such sum as the College shall from time to time determine.

(b) The Warden shall not without the consent of the Governing Body hold any other paid office, either in or out of the University, except that of Vice-Chancellor. The Governing Body shall have power to appoint one of its members to be Acting Warden for any period for which the Warden holds the office of Vice-Chancellor.

Tenure of Wardenship 6 (a) Subject to the provisions of these Statutes, the Warden shall hold his office until the 30th day of June next following the day on which he has attained the age of sixty-seven years, or if he shall attain this age on the 30th day of June, then he shall vacate his office on that day.

(b) If the Warden gives notice in writing to the Visitor of his desire to resign his office from a date stated in his notice, he shall vacate his office upon that date.

Pension of Warden 7 The Governing Body shall effect a policy of assurance on behalf of the Warden under the provisions of the Federated Superannuation Scheme for Universities within three months of his election, unless such a policy is already in existence at the time of his election.

The Governing Body shall deduct from the annual stipend of the Warden five per cent of such stipend and shall pay this sum annually together with a sum from the corporate revenues equal to ten per cent of the said stipend as the premium on the said policy.

Provided that if special circumstances exist so that it would not be possible to effect a policy of insurance on the Warden’s life at rates normally charged in the case of a person of his sex, the Governing Body may as an alternative, with the consent of the Warden, invest in Trustee Securities the sum of the said deduction from the Warden’s annual stipend and of the said amount to be taken from corporate revenues. The income arising from this source shall be invested from time to time in Trustee Securities in accordance with the provisions of the aforesaid scheme.

Supplementation 8 If at the time when the Warden vacates his office it shall of Warden’s Pension seem to the Governing Body that the pension benefits provided under Section 7 are in all the circumstances insufficient, it shall 9

be lawful for the Governing Body to pay to the Warden such annual supplementary pension as the Governing Body shall determine at the time when he vacates his office.

Universities 9 Notwithstanding Clauses 7 and 8 of this Statute the Superannuation Scheme Governing Body may adopt the Universities Superannuation Scheme in substitution for the Federated Superannuation Scheme for Universities and may make such Bylaws or Regulations as it may from time to time deem to be necessary

(i) to give effect to such substitution;

(ii) to regulate the transition from the Federated Superannuation Scheme for Universities to the Universities Superannuation Scheme;

(iii) for the administration of the Universities Superannuation Scheme.

Appointment of 10 An Acting Warden appointed under the provisions of Acting Warden clause 3(j), 4(b) or 5(b) of this Statute shall perform such duties and receive such stipend as the College shall determine at the time of the appointment.

STATUTE III

The Fellows

Classes of Fellowships 1 The Fellowships in the College may be of the following classes:

(i) Professorial Fellowships tenable by University Professors, University Readers, and holders of other University offices which are declared by any University Statute or Decree to qualify the holder for a Professorial Fellowship.

(ii) Official Fellowships tenable by

(a) Any person appointed to act as Tutor or Lecturer of the College;

(b) Any person who holds a teaching or research post in the University, or an administrative post in the university which qualifies the holder for membership of Congregation;

(iii) Research Fellowships tenable by any person who shall undertake to perform any literary, scientific, or educational work in the College or in the University; or with the permission of the College or University elsewhere; which work shall be specified in the resolution by which he is elected.

(iv) Junior Research Fellowships.

(v) Special Fellowships tenable by any person holding a teaching or research post in or connected with the University.

(vi) Fellowships tenable by persons who have vacated the office of Warden or a Fellowship in the College.

(vii) Visiting Research Fellowships.

(viii)Sir Henry Savile Fellowships tenable by scholars of outstanding eminence upon such undertakings in respect of their work while in Oxford as the Governing Body shall determine in each case.

(ix) Honorary Fellowships tenable by any distinguished person.

(x) Supernumerary Fellowships tenable by persons holding a research post in, or connected with, the University.

(xi) Bodley Fellowships tenable by persons who have made a signal contribution to the College.

Election to Fellowships 2 (a) Subject to the provisions of section 3(a) of this Statute, the right of election and re-election to all Fellowships shall be vested in the Governing Body, save that only the Warden and such Fellows present at the time of the election as have been members of the Governing Body for not less than two years shall vote on the resolution for an election or re-election to a Fellowship.

(b) An election or re-election to a Fellowship shall not be made unless at a Stated General Meeting, nor, except in the case of a Junior Research Fellowship, unless previous notice shall have been given to the Warden and those Fellows qualified to vote in the election of Fellows.

Professorial Fellowships 3 (a) The Linacre Professor of Zoology, the Merton Professor of English Language, the Merton Professor of English Literature, and the holder of any other Professorship permanently attached to the College, or allocated to the College by the Hebdomadal Council of the University, shall be by virtue of their offices Professorial Fellows of the College.

(b) Any other holder of a Professorial Fellowship shall be elected for a period not exceeding seven years, and may from time to time be re-elected for such a period.

(c) An election or re-election to a Professorial Fellowship shall not be made unless by the votes of not less than two-thirds of the number of persons present and voting.

(d) The holder of a Professorial Fellowship, including any person holding a Professorial Fellowship under subsection (a), may be deprived of his Fellowship for the same causes and in the same manner as other Fellows, and the By-laws and Regulations of the College may be enforced against him as against other Fellows.

Official Fellowships 4 (a) Every Official Fellow shall be elected for a period not exceeding seven years, and may from time to time be re-elected for such a period, but no person shall hold an Official Fellowship after the 30th day of September next following the day on which he has attained the age of sixty-seven years, or after the 30th day of September if he shall attain the age of sixty-seven years on that day.

(b) The Governing Body shall before electing to an Official Fellowship under section 1(ii) (a) of this Statute inform the Board or the Boards of the appropriate Faculties of their intentions, and shall consider any representations which the Board or the Boards may wish to make.

Research Fellowships 5 (a) Every Research Fellow shall be elected for a under 1(iii) period not exceeding five years, and may from time to time be re-elected for such a period, but no person shall hold a Research Fellowship after the 30th day of September next following the day on which he has attained the age of seventy years, or after the 30th day of September if he shall attain the age of seventy years on that day.

(b) An election or re-election to a Research Fellowship shall not be made unless by the votes of not less than two-thirds of the number of persons present and voting.

(c) A Research Fellowship may be designated “Senior”, or given such other designation as the circumstances may warrant, in the resolution for election or re-election.

(d) A Research Fellow elected or re-elected to his Fellowship on undertaking to perform some definite literary, scientific, or educational work shall, subject to an appeal to the Visitor, vacate his Fellowship if in the judgement of the Governing Body he declines or ceases to fulfil the undertaking.

Junior Research 6 (a) Every Junior Research Fellow shall be elected upon Fellowships the condition of his equipping himself for and engaging in research during the term of his Fellowship, and after he has satisfied the Governing Body either by examination or by submitting to them evidence of his capacity for research. He shall when required by the Governing Body submit a report to the College on the research work on which he is engaged.

(b) A Junior Research Fellow may with the leave of the Governing Body undertake educational work in the University or a College. The Governing Body may from time to time make regulations for the purpose of carrying this subsection into effect.

(c) Every Junior Research Fellow shall be elected for a period of three years. The Governing Body may, at its discretion, grant leave of absence to a Junior Research Fellow with or without stipend. At the request of the holder and with the consent of the Governing Body, a Junior Research Fellowship may be suspended for a period not exceeding one year, which shall be discounted in reckoning the period of tenure. A Junior Research Fellow may be re-elected for one further period of three years, but upon the occasion of such re-election the votes 13

of not less than two-thirds of the number of persons present and voting shall be required to effect such re-election.

(d) A Junior Research Fellow shall, subject to an appeal to the Visitor, vacate his Fellowship if in the judgement of the Governing Body he fails to comply with the conditions of his election.

(e) The Governing Body shall have power to determine from time to time the subject or subjects in which Junior Research Fellowships shall be offered.

(f) The Governing Body shall have power to make from time to time conditions on the age, academic qualifications or academic seniority of candidates for election to Junior Research Fellowships.

(g) The intention to offer a Junior Research Fellowship for election, and the conditions of election, shall be advertised in such manner as shall be best adapted to secure publicity, at least thirty days before the day of election. The electors shall choose that candidate who being duly qualified appears to them to be of the greatest merit and most fit to be a Fellow of the College; provided that, if there is not any candidate whom they judge to be of sufficient merit for election, the election shall not be made.

Special Fellowships 7 Every Special Fellow shall be elected for a period not exceeding three years and may be re-elected for one further period not exceeding two years.

Fellowships under 1(vi) 8 Every Fellow elected under subsection (vi) of section 1 of this Statute shall be elected upon such conditions and for such period as the Governing Body shall determine, and may be re- elected. But an election or re-election to such a Fellowship shall not be made unless by the votes of not less than two-thirds of the number of persons present and voting.

Visiting Research 9 Every Visiting Research Fellow shall be elected for a Fellowships period not exceeding one year and shall not be re-eligible.

Sir Henry Savile 10 Every Sir Henry Savile Fellow shall be elected for a Fellowships period not exceeding one year and shall not be re-eligible.

Honorary Fellowships 11 (a) Every Honorary Fellow shall be elected for life.

(b) An election to an Honorary Fellowship shall not be made unless by the votes of not less than two-thirds of the number of persons present and voting.

(c) Subject to the provisions of section 12 (a) of this Statute an Honorary Fellow may enjoy such privileges and advantages as the Governing Body may from time to time determine. 14

Stipends and Allowances 12 (a)Such stipends and allowances and such accommodation and other benefits shall be attached to the Fellowships of the College as the Governing Body shall from time to time determine; provided that no stipends or allowances shall be attached to Fellowships held under subsections (i), (ii), (v), (vi), or (ix), of section 1 of this Statute. This subsection shall not preclude the payment of stipends or allowances under Statute VI 1 (b).

(b) The Governing Body may make a grant to any Fellow to meet expenses involved in his work.

Common Table of the 13 The Governing Body may allocate such moderate sums Warden and Fellows of money as the cost of food may from time to time render advisable for the provision of a Common College Luncheon and Dinner, whether in the Hall or in some public room of the College, of which the Warden and each of the Fellows shall be entitled to partake free of charge, and also (if the Governing Body so determine) any Tutor, Lecturer, or Officer of the College, not being a Fellow.

Limitation of rights 14 Except as hereinafter provided the Fellows of the of Fellows College holding Fellowships of any class shall be entitled to all rights and privileges attaching to Fellowships in the College, including membership of the Governing Body and the right to vote at its meetings.

(i) A Professorial Fellow, whose Professorship is permanently attached to the College, or allocated to the College by the Hebdomadal Council of the University and whose election is made by an Electoral Board, shall not be ex officio a member of the Governing Body unless the College shall have had the right to be represented on the Board of Electors which elected him to his Professorship, but any such person may be elected a member of the Governing Body at a Stated General Meeting, by the votes of not less than two-thirds of the number of persons present and voting.

(ii) No Fellow elected under subsection (vi) of section 1 of this Statute shall be a member of the Governing Body unless elected to such membership at a Stated General Meeting by the votes of not less than two-thirds of the number of persons present and voting, but no such Fellow shall be a member of the Governing Body after the 30th day of September next following the day on which he has attained the age of sixty-seven years, or after the 30th day of September if he shall attain the age of sixty-seven years on that day. Those Fellows elected under subsection (vi) of section 1 who are not members

of the Governing Body shall be called Emeritus Fellows.

(iii) No Fellow elected under subsection (vii), (viii), (ix) or (xi) of section 1 of this Statute shall be a member of the Governing Body. A Supernumerary Fellow elected under Section 1(x) of Statute III shall not be a member of the Governing Body, and shall vacate his Fellowship on ceasing to hold the post in virtue of which he was elected to the Fellowship.

Fellows to proceed to 15 Every Fellow who has received the degree of Bachelor MA degree or higher of Arts in the University or who is entitled to supplicate for that degree degree, shall be required to proceed to the degree of Master of Arts, or some higher degree.

Grounds of vacation 16 (a) Any Fellow shall vacate his Fellowship on becoming of Fellowship Warden of the College, and any Fellow other than an Honorary or Emeritus Fellow shall vacate his Fellowship on taking up a Headship or Fellowship, other than an Honorary Fellowship, in any other College within the University.

(b) Any Fellow, other than an Honorary or Emeritus Fellow or a Professor whose Chair is attached to the College under these Statutes, shall, subject to an appeal to the Visitor, vacate his Fellowship if he accepts any paid office or engages in any occupation which in the judgement of the Governing Body interferes with the discharge of his duties to the College.

(c) A Professorial Fellow, an Official Fellow or a Special Fellow shall vacate his Fellowship on ceasing to hold the office or post in virtue of which he was elected to his Fellowship.

Deprivation of Fellow 17 If a Fellow is guilty of grave immorality, or misconduct, or of contumacious disobedience to any of the Statutes or Bylaws of the College in force for the time being, he may be deprived of his Fellowship by the Visitor, after due inquiry held on the petition of the members of the Governing Body present at a meeting specially called, with notice of the business to be transacted thereat. The Warden, on receipt of a requisition signed by not fewer than six Fellows, being members of the Governing Body, shall be bound to call such a meeting, giving not less than a fortnight’s notice thereof.

Provided that, subject to the provisions of section 7(1) of Statute VIII, nothing in this section shall apply to any member of the academic staff to whom Statute VIII applies.

STATUTE IV

Eligibility for 1 Postmasterships and Exhibitions may be held by matriculated Postmasterships and members of the College reading for a Final Honour School. Exhibitions

Power of Election to 2 The power of election to Postmasterships and Postmasterships and Exhibitions shall be vested in the Warden and Tutors who shall Exhibitions report all elections to the Governing Body.

Emoluments of 3 (a) The value of Postmasterships and Exhibitions Postmasterships and shall be such sums as the Governing Body shall from time to Exhibitions time determine. The emoluments shall be paid in termly instalments and without enquiry into the recipient’s means.

(b) A Postmaster or Exhibitioner shall not receive his emoluments for any term during which he does not reside unless and to the extent that the Warden and Tutors determine otherwise.

(c) A Postmaster or Exhibitioner may relinquish his emoluments in whole or in part without relinquishing his status as Postmaster or Exhibitioner.

Tenure 4 Every Postmastership or Exhibition shall be held for a period starting from the beginning of Michaelmas Term, or from such other date as the Warden and Tutors may decide, and finishing at the end of Trinity Term in the same academic year. It may be renewed for one or more periods of three terms provided that on each occasion of renewal the Warden and Tutors are satisfied that the holder continues in all respects to deserve the status of Postmaster or Exhibitioner.

Vacation of 5 Any Postmaster or Exhibitioner shall vacate his Postmasterships and Postmastership or Exhibition if Exhibitions (i) he shall cease to satisfy the requirements of Section 1 of this Statute; or

(ii)he shall become a Fellow or a Senior Scholar of the College; or

(iii) he shall become a member of another College or Society in the University, by migration or otherwise; or

(iv) he shall cease for any other reason to be a member of the College.

Deprivation 6 The Warden and Tutors may at any time deprive any Postmaster or Exhibitioner of his Postmastership or Exhibition, or of any part of the emolument thereof, for persistent idleness or any misconduct which in their judgement merits deprivation. 17

STATUTE V (rescinded 14.2.01)

STATUTE VI

The Officers of the College

College Officers 1 (a) The Officers of the College shall be the Sub-Warden, Tutors, Lecturers, Bursars, Chaplains, and such other Officers (if any) as the Governing Body think necessary for the management of the affairs of the College, and the instruction and discipline of its members.

(b) Subject to Statute VIII, the Governing Body may from time to time, subject to the provisions of these Statutes, regulate by By-laws as they think fit the duties and emoluments of the Officers of the College, their tenure of office, and the mode of their appointment or election and removal, and assign to them such reasonable stipends or emoluments as the Governing Body shall deem proper.

The Sub-Warden 2 (a) There shall be a Sub-Warden elected annually from among the Fellows of the College who are members of the Governing Body.

(b) All powers which are by these Statutes or otherwise vested in the Warden may during his temporary illness, absence, or incapacity be exercised by the Sub-Warden.

The Tutors and Lecturers 3 (a) There shall be such number of Tutors and Lecturers as are from time to time requisite for the discipline and instruction of the Undergraduate members of the College. No Tutor or Lecturer shall be appointed for a longer period than seven years, but any Tutor or Lecturer may, subject to the Statutes and By- laws in force for the time being, be reappointed from time to time.

(b) Every Tutor or Lecturer of the College, being an Official Fellow, shall reside in the College during the usual College terms, unless the Governing Body at a Stated General Meeting have given him leave to reside elsewhere.

(c) There shall always be at least three Fellows, being Tutors or Lecturers, or otherwise charged with the maintenance of discipline in the College, resident in the College during the usual College terms. Residence in houses owned by the College in Merton Street and Rose Lane shall, for the purpose of maintaining discipline in College, be regarded as residence in College.

Standing Committee 4 All matters relating to discipline and instruction shall be of Warden and Tutors regulated in general by a Standing Committee of the Warden and Tutors, consisting of the Warden, the Tutors, and such other Officers of the College as the Governing Body shall at a Stated General Meeting appoint to be members of this Committee. Any duties assigned to the Warden and Tutors in these Statutes shall be carried out by the aforesaid Committee.

The Bursars 5 There shall be an Estates Bursar who shall be charged with the management of the property of the College, a Domestic Bursar who shall be charged with the household management of the College, and a Finance Bursar who shall be charged with the management of the general financial affairs of the College

Chaplain 6 (a) There shall be a Chaplain who shall be a clerk in Holy Orders of the Church of England or of some other Church in communion with the Church of England.

(b) The Governing Body may, if it thinks fit, establish for any period the office of Junior Chaplain. The Junior Chaplain shall be a clerk in Holy Orders of the Church of England or an authorized priest or minister of some other Christian Church.

Retirement of 7 Every Officer of the College shall vacate his office on College Officers the 30th day of September next following the day on which he has attained the age of sixty-seven years, or if he shall attain the age of sixty-seven years on the 30th day of September, then he shall vacate his office on that day.

No allowance for 8 No Officer of the College shall receive his stipend clear Income Tax of Income Tax, or shall receive any allowance in respect of Income Tax.

STATUTE VII

The Administration of the College

College Meetings 1 (a) There shall be two Stated General Meetings at least of the Governing Body of the College in every year, on such days as the Governing Body may from time to time appoint.

(b) Any Stated General Meeting may be adjourned by the resolution of the meeting to a day to be specified in the resolution, and any such adjourned meeting shall be deemed to be a Stated General Meeting.

(c) Except where the concurrence of any specified proportion of the Governing Body is made requisite by these Statutes, every question arising at a College Meeting shall be decided by a majority of the votes of those present and qualified to vote on that question.

(d) If the votes are equal, the Warden shall have an additional casting vote.

(e) The Governing Body may from time to time make, revoke, and alter such By-laws as they may deem expedient for regulating the proceedings at College Meetings, and for determining what business shall be transacted thereat, and for fixing (if they think fit) the notice to be given before holding any meeting or before bringing forward any question.

Chapel Services 2 The Governing Body may from time to time at Stated General Meetings, subject to the provisions of the Universities Test Act, 1871, make and vary regulations for the daily performance of Divine Service according to the Liturgy of the Church of England within the College during the usual College terms, and at such other times as they may think proper, and for attendance at the same.

Finance Committee 3 There shall be a Finance Committee to supervise the management of the property of the College and its general expenditure.

The Governing Body shall determine by a Bylaw or Bylaws passed at a Stated General Meeting the constitution of the Finance Committee, its functions and duties.

By-laws relating to 4 The By-laws of the College shall include provisions for expenses of regulating the charges by the College to its undergraduate Undergraduates members and for notifying the authorized charges for the normal objects of expenditure in the College to the parents and guardians of its prospective undergraduate members.

Other Bylaws 5 The Governing Body may from time to time at Stated General Meetings, subject to the provisions of these Statutes, make Bylaws respecting any of the following matters:

(i) The mode of admission, the precedence, and the residence of Fellows.

(ii) The admission, residence, and removal of members of the College other than the Warden and Fellows.

(iii) The discipline, studies, and instruction of members of the College being in statu pupillari.

(iv) The appointment, management, and removal of the servants of the College.

(v) Generally such other matters as it is deemed expedient to regulate by By-laws.

Changes in Bylaws 6 The Governing Body may from time to time at Stated and Regulations General Meetings, subject to the provisions of these Statutes, alter and revoke the By-laws and Regulations of the College.

Enforcement of 7 The Governing Body may enforce the Statutes, Bylaws, Statutes etc. and Regulations by such penalties as they may think fit, which penalties may include the forfeiture of any part of the emolument of any Fellowship, Postmastership, Exhibition, or office within the College, as the case may be.

STATUTE VIII

Academic Staff

Part I Construction 1 This Statute and any By-law made under this Statute shall be Application and construed in every case to give effect to the following guiding Interpretation principles, that is to say:

(a) to ensure that members of the academic staff of the College 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 College to provide education, to promote learning, and to engage in research efficiently and economically; and

2 No provision in Part II, Part III, Part IV or Part VII of this Statute shall enable any member of the academic staff to be dismissed unless the reason for the dismissal may in the circumstances (including the size and administrative resources of the College) reasonably be treated as a sufficient reason for dismissal.

Application 3 (1) This Statute shall apply –

(a) to any person holding a College Office designated by the Governing Body as one to which this Statute applies;

(b) to any person employed by the College to carry out teaching or research save for those holding appointments which have been excluded by the Governing Body from the scope of this Statute on the ground that the duties in that regard are only of a limited nature; and

(2) In this Statute any reference to a “member of the academic staff” is a reference to a person to whom this Statute applies.

Interpretation

Meaning of “dismissal” 4 In this Statute “dismiss” and “dismissal” mean dismissal of a member of the academic staff and –

(a) include remove or, as the case may be, removal from office; 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 Statute “good cause” in relation to the dismissal or removal from office 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 office 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 office or employment; or

(c) conduct constituting failure or persistent refusal or neglect or inability to perform the duties or comply with the condition s of office; or

(d) wilful disruption of the activities of the College; or

(e) wilful disobedience of any of the Statutes or By-laws of the College in force for the time being; or

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

(2) In this section -

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

Meaning of “redundancy” 6 For the purposes of this Statute 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 College has ceased, or intends to cease, to carry on the activity for the purposes of which the person concerned was appointed or employed or has ceased, or intends to cease, to carry on that activity in the place in which the person concerned worked; or

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

Incidental, supplementary 7 (1) In any case of conflict, the provisions of this Statute shall and transitional matters prevail over those of any other Statute of the College in force on the date on which the instrument making these modifications was approved under subsection (9) of section 204 of the Education Reform Act 1988, and over those of any By- law, and the provisions of any By-law made under this Statute shall prevail over those of any By-law made under such other Statutes:

Provided that any power conferred or duty imposed by this Statute upon the Warden may be exercised or discharged by an Acting Warden appointed under section 3(j), 4(b), or 5(b) of Statute II.

Provided that Part III, Part IV and Part VII of this Statute 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.

Provided also that disciplinary proceedings in relation to anything done or omitted to be done before that date may continue or be instituted after that date under the relevant College Statutes in force before that date.

(2) Nothing in any appointment made, or contract entered into, shall be construed as overriding or excluding any provision made by this Statute concerning the dismissal of a member of the academic staff of the College by reason of redundancy or for good cause:

Provided that this shall not invalidate any waiver made under section 142 of the Employment Protection (Consolidation) Act 1978.

(3) For the avoidance of doubt it is hereby declared that nothing in Part III of this Statute shall be construed as affecting the Statutes and By-laws of the College concerning re-election on the expiry of a fixed term of a Fellowship.

(4) In any case where an officer of the College or any person is designated to perform any duties or exercise any powers under this Statute, and that officer or person is himself involved in the matter in question, the Governing Body may appoint an alternate to act in his place under procedures prescribed by By- laws made under this Statute.

(5) Nothing in any other Statute shall enable the Governing Body to delegate its power to reach a decision under section 10(2) of this Statute.

(6) No one shall sit as a member of any of the bodies established under this Statute, and no one shall be present at a meeting of such body when the body is considering its decision or discussing a point of procedure, except as provided by this Statute or by By-laws made under this Statute.

(7) In this Statute references to numbered Parts, sections, and subsections are references to Parts, sections, and subsections so numbered in this Statute.

Part II Redundancy

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

Exclusion from Part II 9 (1) Nothing in this Part shall prejudice, alter or affect any of persons appointed or rights, powers or duties of the College or apply in relation to a promoted before person unless - 20th November 1987 (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 section 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 Governing Body shall be the appropriate body for the purposes of this Part.

(2) This section applies where the Governing Body has decided that there should be a reduction in the academic staff -

(a) of the College as a whole; or

(b) of any area of academic work within the College

by way of redundancy.

11 (1) Where the Governing Body has reached a decision under section 10(2) of this Statute –

(a) it may itself decide to select the requisite members of the

academic staff for dismissal by reason of redundancy if such a course satisfies the guiding principles set out in section 1; or

(b) it shall appoint a Redundancy Committee to be constituted in accordance with subsection (3) of this section to give effect to its decision by such date as it may specify and for that purpose

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

(ii) to report their recommendations to the Governing Body.

(2) The Governing Body shall either approve any selection recommendation made under subsection (1)(b)(i), or shall remit it to the Redundancy Committee for further consideration in accordance with its further directions.

(3) A Redundancy Committee appointed by the Governing Body shall comprise -

(a) a Chairman; and

(b) two Fellows, who are not members of the academic staff; and

Notices of intended 12 (1) Where the Governing Body has either itself made a Dismissal selection or has approved a selection recommendation made by the Redundancy Committee under section 11 (1) it may authorise an officer of the College 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 Governing Body.

(3) Each separate notice shall sufficiently identify the circumstances which have satisfied the Governing Body that the intended dismissal is reasonable and in particular shall include –

(a) a summary of the action taken by the Governing Body under this Part;

(b) an account of the selection process used;

against the notice and to the time within which any such appeal is to be lodged under Part V of this Statute; and

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

Part III Discipline, Dismissal and Removal from Office

Disciplinary Procedures 13 (1) If the conduct or performance of a member of the academic staff does not meet acceptable standards, but does not constitute sufficient cause for dismissal, an oral warning may be given by the Warden who shall keep a note of the matter. The member of the academic staff concerned shall be informed of the reason for the warning; that it constitutes the first stage of the disciplinary procedure; and that a right of appeal exists under this section. An oral warning shall be disregarded for disciplinary purposes after 12 months.

(2) If the offence is a serious one, or if a further offence occurs, a written warning may be given by the Warden, who shall keep a copy of the warning. The member of the academic staff concerned shall be informed of the reason for the warning; the improvement required and the time within which that must be achieved; that charges may be instituted under section 14 of this Statute if there is no satisfactory improvement; and that a right of appeal exists under this section. A written warning shall be disregarded for disciplinary purposes after 2 years.

(3) A member of the academic staff who wishes to appeal against a disciplinary warning given under this section shall inform the Warden within two weeks. An Appeals Committee appointed by the Governing Body shall hear the appeal, and the Committee’s decision shall be final.

Preliminary examination 14 (1) If there has been no satisfactory improvement following of serious disciplinary a written warning given under section 13, or in any case where matters it is alleged that conduct or performance may constitute good cause for dismissal or removal from office, a complaint seeking the institution of charges to be heard by a Tribunal appointed under section 15 may be made to the Warden.

(2) To enable the Warden to deal fairly with any complaint brought to his attention under subsection (1) he shall institute such enquiries (if any) as appear to him to be necessary.

(3) If it appears to the Warden (whether on receipt of a complaint or otherwise) that there are grounds for believing that the conduct or performance of a member of the academic staff of the College could constitute good cause for dismissal, he shall write to the person concerned inviting comment in writing 27 and may, if he considers that the College might otherwise suffer significant harm, suspend the person concerned from the performance of his duties without loss of emoluments.

(4) As soon as may be following the comments (if any), or in any event not later than twenty-eight days after they were invited, the Warden shall consider the matter in the light of all the available material and may dismiss the matter summarily, or issue a formal warning to the person concerned, or determine that the matter be considered by a Tribunal appointed under section 15.

15 If the Warden has determined that the matter is to be considered by a Tribunal, he shall request the Governing Body to appoint such a Tribunal to hear the charge or charges and to determine whether the conduct or performance of the person concerned constitutes good cause for dismissal or otherwise constitutes a serious complaint relating to his appointment or employment, and to make recommendations concerning the action (if any) to be taken as a result of the Tribunal’s findings. Pending the consideration of such recommendations, the Warden, after consulting the Governing Body, may suspend the person charged from the performance of his duties without loss of emoluments.

16 (1) A Tribunal appointed by the Governing Body shall comprise –

(a) a Chairman; and

(b) One Fellow who is not a member of the academic staff; and

(2) No person shall be appointed a member of such a Tribunal if he has been involved in or associated with the making of the complaint or any part of it, or has been involved in any preliminary hearing or investigations.

17 (1) When a Tribunal has been appointed, the Governing Body shall instruct a suitable person to formulate a charge or charges and to present, or arrange for the presentation of, the charges before the Tribunal.

(2) It shall be the duty of the person formulating the charge or charges -

(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 a list of all witnesses the College proposes to call, with statements containing the evidence they are expected to give; and 28

(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.

18 The procedure to be followed in the preparation, hearing, and determination of charges by a Tribunal shall be prescribed by By-laws made under this Statute. Such By-laws shall ensure:

(a) that the person charged is entitled to be represented by another person, whether legally qualified or not, in connection with and at any hearing by a Tribunal;

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

(c) that witnesses may be called, both on behalf of the person charged and by the person presenting the charge, and may be questioned concerning any relevant evidence;

(d) that no new witness or documentary evidence may be introduced by the person presenting the charge without the Tribunal’s consent, which shall not be given save for good reason, and that if late introduction is allowed, the member of the academic staff shall be allowed an adjournment sufficient to allow him to consider and respond to the new evidence; and

(e) that any charge is heard and determined as expeditiously as is reasonably practicable.

Notification of Tribunal 19 (1) The Tribunal shall send its decision on any charge decisions 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 Warden, the person charged, the person presenting the charge and any person who shall have been added as a party by the Tribunal.

(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 of this Statute accompanies each copy of its decision sent to a party to the proceedings under this section.

Powers of the appropriate officer where charges are upheld by the Tribunal

20 (1) Where the charge or charges are upheld and the Tribunal finds that there is good cause and recommends dismissal or removal from office, but in no other case, the Warden shall consult the Governing Body and shall decide whether to 29

dismiss the person concerned. If the Warden decides to accept the Tribunal’s recommendation the Warden may forthwith dismiss that person.

(2) Where any charge is upheld, the Warden does not decide to dismiss the person concerned under subsection (1) hereof, the action available to the Warden after consulting the Governing Body (not comprising a greater penalty than that recommended by the Tribunal) shall be –

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

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

(d) to suspend the person concerned for such period as the appropriate officer shall think fair and reasonable, provided that the suspension shall not extend beyond 3 months after the date on which the Governing Body shall have considered the Tribunal’s decision; or

(e) to take such further or other action under the contract of employment of the person concerned or terms of appointment as appears fair and reasonable in all the circumstance of the case: or

(f) any combination of any of the above.

Appropriate Officers 21 (1) The Warden shall be the appropriate officer to exercise the powers conferred by section 20 but he may appoint a delegate to exercise those powers.

(2) Any action taken by the Warden or the Warden’s delegate shall be confirmed in writing and notified to the Governing Body.

Part IV Removal for 22 (1) This Part makes separate provision for the assessment of incapacity on medical incapacity on medical grounds as a good cause for dismissal or grounds removal from office.

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

(3) The Warden may appoint a delegate to exercise any powers conferred or to perform any duties imposed upon him under this Part.

(4) In this Part references to the member of the academic staff for the purposes of notification, giving consent, agreement, nomination or providing evidence include, where the nature of the alleged disability so require, a responsible relative or friend 30

or other person with authority to act on behalf of that member in addition to (or instead of) that member.

23 (1) Where it appears to the Warden that the removal of a member of the academic staff on medical grounds should be considered, the Warden –

(a) shall inform the member accordingly; and

(b) may, if the member agrees or if the Warden considers that the College might otherwise suffer significant harm suspend the member from duty without loss of emoluments;

(c) and 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 elects to resign on medical grounds he shall be allowed to do so and the College shall meet the reasonable costs of any medical opinion required.

(3) If the member does not elect to resign on medical grounds the Warden shall refer the case in confidence, with any supporting medical and other evidence (including any such evidence submitted by the member), to a Medical Board comprising one person nominated by the Governing Body; one person nominated by the member concerned or, in default of the latter nomination, by the Warden; and a medically qualified chairman jointly agreed by the Governing Body and the member or, in default of agreement, to be nominated by the President of the Royal College of Physicians.

(4) The procedure to be followed in respect of the preparation, hearing, and determination of a case by a Medical Board under this part shall be prescribed by By-laws made under this subsection. Such By-laws shall ensure;

(a) that the member concerned is entitled to be represented by another person, whether such person is legally qualified or not, in connection with an at any hearing by the Board;

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

(d) that the case is heard and determined as expeditiously as is reasonably practicable. 31

(5) The Board may require the member concerned to undergo medical examination at the College’s expense.

24 (1) If the Board determines that the member shall be required to retire on medical grounds, the Warden shall consult the Governing Body, and may terminate the employment of the member concerned on those grounds.

(2) Any action taken by the Warden shall be confirmed in writing and notified to the Governing Body.

Part V Appeals

Purpose of Part V 25 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 26 (1) This Part applies – interpretation of Part V (a) to appeals against the decisions of the Governing Body (or of a delegate of that body) to dismiss in the exercise of its powers under Part II of this Statute;

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

(d) to appeals against any disciplinary decision otherwise than in pursuance of Part III of this Statute;

(e) to appeals against any decision reached under Part IV of this Statute; and

(f) to appeals against any decision reached under Part VII of this Statute

and “appeal” and “appellant” shall be construed accordingly.

(2) No appeal shall however lie against –

(a) a decision of the Governing Body under section 10(2);

(b) the findings of fact of a Tribunal under Part III, or under Part VII of this Statute save on legal grounds or 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 medical finding by a Board set up under section 23(3) save on legal grounds or 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.

(3) In this Part references to “the person appointed” are references to the person appointed by the Governing Body under section 29 to hear and determine the relevant appeal.

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

Institution of Appeals 27 A member of the academic staff shall institute an appeal by serving on the Warden, within the time allowed under section 28, notice in writing setting out the grounds of the appeal.

Time for appealing and 28 (1) A notice of appeal shall be served within 28 days of the notices of appeal 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 subsection (3).

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

(3) Where the notice of appeal was served on the Warden outside the 28 day period the person appointed under section 29 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 29 (1) Where an appeal is instituted under this Part the and determine appeals Governing Body shall appoint a person described in subsection (2) to hear and determine that appeal subject to subsection (3).

(2) The persons described in this subsection are persons not employed by the College holding, or having held, judicial office or being a barrister or solicitor 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, and who shall be appointed by the Governing Body, shall be –

(a) one member of the Governing Body to whom this Statute does not apply; and

(b) one member of the academic staff.

Provisions concerning 30 (1) The procedure to be followed in respect of the appeal procedures and preparation, consolidation, hearing and determination of powers appeals shall be that set out in By-laws made under this section.

(2) Without prejudice to the generality of the foregoing such By-laws shall ensure –

(a) that an appellant is entitled to be represented by another person, whether 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 of this Statute to the Governing Body 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 of this Statute for re- hearing by a differently constituted Tribunal to be appointed under that Part; or

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

(d) remit an appeal by the Warden arising under Part VII of this Statute for re-hearing or reconsideration by the same or by a differently constituted Tribunal to be appointed under that Part; or

(e) substitute any lesser alternative penalty that would have been open to the Warden following the finding by the Tribunal which heard and determined the original charge or charges.

Notification of decisions 31 The person appointed shall send the reasoned decision upon any appeal, including any decision reached in exercise of his 34

powers under section 30(3)(a), (b), (c) or (d), on any appeal and a statement of any findings of fact different from those of the Governing Body under Part II or by the Tribunal under Part III or of the Board under Part IV or of the Tribunal appointed under Part VII, as the case may be, to the Warden and to the parties to the appeal.

Part VI Grievance Procedures

Purpose of Part VI 32 The aim of this Part is to settle or redress individual grievances promptly, fairly and so far as may be, by methods acceptable to all parties.

Application 33 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 College,

not being matters for which express provision is made elsewhere in this Statute.

Exclusions and Informal 34 (1) If other remedies have been exhausted the member of the Procedures academic staff may raise the matter with the Warden.

(2) If it appears to the Warden that the matter has been finally determined under Part III, IV or V of this Statute 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 Warden he shall inform the member and may inform the Governing Body accordingly.

(3) If the Warden 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 of this Statute;

(b) a determination under Part IV of this Statute; or

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 accordingly.

(4) If the Warden does not reject the complaint under subsection (2) or if he does not defer action upon it under subsection (3) he shall decide whether it would be appropriate, 35

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 35 If the grievance has not been disposed of informally under Procedure section 34(4), the Warden shall refer the matter to a Grievance Committee for consideration.

36 A Grievance Committee shall comprise three Fellows of the College appointed by the Governing Body.

Procedure in connection 37 The procedure in connection with the consideration and With determinations determination of grievances shall be determined in By-laws in And right to representation 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 and to be accompanied at the hearing by a friend or representative.

Notification of decisions 38 The Committee shall inform the Governing Body 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.

Part VII Removal of the 39 Any five members of the Governing Body may make Warden from Office complaint to the Sub-Warden seeking the removal of the Warden from office for good cause.

40 The Sub-Warden shall refer such a complaint to the Governing Body, exclusive of the Warden and the members making the complaint. If it appears to the Governing Body that the complaint is not supported by sufficient evidence of good cause for the removal of the Warden from office, it may determine that no further action shall be taken upon it.

41 If it appears to the Governing Body that the complaint is supported by sufficient evidence of good cause for the removal of the Warden from office, it shall appoint a Tribunal to hear and determine the matter.

42 The Tribunal appointed by the Governing Body shall comprise:

(a) an independent Chairman; and

(b) one Fellow who is not a member of the academic staff; and

43 A charge referred to the Tribunal shall be dealt with in accordance with the procedure prescribed in sections 17 to 19 of this Statute, provided –

(a) that the Sub-Warden shall perform any duty and exercise any power there assigned to the Warden; and

(b) that the only recommendation the Tribunal may make is that the Warden be removed, or be not removed from his office.

44 Where a charge or charges have been upheld and the Tribunal finds good cause and recommends dismissal, but in no other case, the Sub-Warden shall consult the Governing Body and may then dismiss the Warden.

45 Where a complaint is to be referred to a Tribunal under section 41, the Sub-Warden may, if he considers that the College might otherwise suffer significant harm, suspend the Warden from his duties in all matters relating to the government and discipline of the College without loss of emoluments.

46 For the purpose of the removal of the Warden from his office for incapacity on medical grounds, the provision of Part IV of this Statute shall have effect, provided that the Sub- Warden shall perform any duty or exercise any power there assigned to the Warden.

47 For the purpose of appeals by the Warden against removal from office, the provisions of Part V of this Statute shall have effect, provided that the Sub-Warden shall perform any duty or exercise any power there assigned to the Warden

STATUTE IX

Pensions under the Federated Superannuation Scheme for Universities

Policies under the 1 The Governing Body shall effect a policy of assurance Federated Superannuation for the benefit of each Official Fellow, being a Tutor, Scheme Lecturer or Bursar of the College, within three months of his election, under the Federated Superannuation Scheme for Universities.

The Governing Body shall deduct from the total annual stipend paid by the College to each assured person five per cent of such stipend, and shall pay this sum annually, together with a sum from the corporate revenues equal to ten per cent of the said stipend, as the premium of the said policy, and shall follow, in regard to all matters relating to the assurance and in regard to the effecting of new policies from time to time, the regulations laid down in the aforesaid Scheme.

Provided that if it shall appear to the Governing Body that the effecting of such a policy in the case of any Official Fellow is undesirable, the Governing Body may as an alternative, with the consent of the Official Fellow, invest in Trustee Securities the sum of the said deduction from the Fellow’s annual stipend and of the said amount to be taken from the corporate revenues. The income arising from this sum shall be invested from time to time in Trustee Securities in accordance with the provisions of the Federated Superannuation Scheme, and all amounts so invested shall be dealt with under the provisions of that Scheme.

Policies effected 2 The transference to the College of a policy effected by other bodies under the aforesaid Scheme by some other Institution shall be deemed to be equivalent to the effecting of a policy by the Governing Body.

Policies for other 3 The Governing Body shall effect a policy of assurance than Official Fellows under the aforesaid Scheme, or shall invest the sums available thereunder, for the benefit of any person who, not being an Official Fellow, is regularly employed as a full-time member of the College staff in an educational or administrative capacity in the manner and under the conditions set out in section 1 of this Statute.

The Governing Body shall effect a policy of assurance, or invest the sums available thereunder, in the same manner and under the same conditions for the benefit of each Senior Research Fellow and each Junior Research Fellow.

Universities 4 Notwithstanding Clauses 1 to 3 of this Statute the Superannuation Governing Body may adopt the Universities Superannuation Scheme Scheme in substitution for the Federated Superannuation Scheme for Universities and may make such Bylaws or Regulations as it may from time to time deem to be necessary

(i) to give effect to such substitution;

(ii) to regulate the transition from the Federated Superannuation Scheme for Universities to the Universities Superannuation Scheme;

(iii) for the administration of the Universities Superannuation Scheme.

STATUTE X (rescinded 14.2.01)

STATUTE XI

Powers of Investment

Categories of 1 The Governing Body shall, at its discretion, arrange for Investment the investment of all funds and endowments of the College which are not required for immediate use and are not held on any specific trust upon or in such securities, shares, stocks, funds or other investments in any part of the world and whether involving liability or not as the said Governing Body shall in its discretion think fit so that the Governing Body shall be empowered to invest and transpose the investment of such funds in the same unrestricted manner as if it were the beneficial owner thereof.

Universities and Act, 2 Any investment made under the powers conferred by College Estates this Statute of capital moneys held by or payable to the Minister 1925 of Agriculture, Fisheries and Food under the Universities and College Estates Act, 1925 (or any Act of Parliament amending or replacing the same) or of funds representing such capital moneys shall require the same consent of the said Minister as is required for an investment made pursuant to that Act (including as aforesaid), and such powers shall not extend so as to include any sale or exchange of land to which the consent of the said Minister is required under sub-section (2) of Section 2 of the last mentioned Act without the consent of the said Minister under that Act.

STATUTE XII

Disposal of Revenue, and Accounts

Disposal of revenue 1 The application of the revenues of the College under the to be subject to the provisions and to the purposes of these Statutes shall be subject University Statutes to any Statute or Statutes made for the University under the as to College powers of the Universities of Oxford and Cambridge Act 1877 Contributions and the Universities of Oxford and Cambridge Act 1923, for enabling or requiring the Colleges to make contributions out of their revenues to University purposes, and to the payment of the charges imposed thereby.

Use of Income from 2 (a) Income to which this clause applies may be endowments and trusts applied in or towards the payment of any charges for University to meet University purposes imposed on the College by any Statute or Statutes charges made for the University from time to time under the powers of the Universities of Oxford and Cambridge Act 1877 and the Universities of Oxford and Cambridge Act 1923, to the extent to which any such charges are so imposed in respect of any such income.

(b) This clause applies to income arising from any endowment, benefaction, or trust, and applicable to the maintenance of any Fellowship, Scholarship, or Exhibition within the College, or to any other purpose for the benefit of the College or of the Head or any other member of the College, including any fund for the purchase of advowsons, in every case where the endowment, benefaction, or trust

(i) was created by an instrument which came into operation not less than sixty years before the thirty-first day of December, nineteen hundred and thirty-seven;

(ii) is included among the endowments, benefactions, or trusts specified in the Schedule appended to this clause, the Trustees or Governing Bodies whereof have consented to the provisions of this clause.

THE SCHEDULE FIRST PART (Trusts of which the College is the Trustee or Governing Body.) Arnold Trust Fund. Bradley Library Fund. Chambers Foundation of two Scholarships. Fillingham Fund. Hildebrand Harmsworth Scholarship Fund. Lancelyn Green Foundation Fund.

SECOND PART (Trusts the Trustees or Governing Bodies of which have consented to the amendment.) Arnold’s Charity.

Scheme to be 3 If at any time it shall appear to the Visitor that the approved by Visitor revenues of the College have become more than sufficient to provide for its expenditure, the Visitor may, if he think fit, make an order directing that any part of the surplus revenue shall be set apart and applied to purposes relative either to the College or to the University, according to a scheme submitted or to be submitted to him by the Governing Body and approved by him. After an order so made by the Visitor, any sums thereby directed to be set apart shall be applied in conformity with a scheme submitted to and approved by the Visitor as aforesaid, and under an order of the Visitor confirming the same, and not otherwise.

What included in the 4 The expenditure of the College shall, in the foregoing expenditure of section, be deemed to include as well the payment of charges the College for University purposes imposed by Statutes made for the University as aforesaid, as the application of revenue to the purposes of these Statutes, reasonable and customary expenditure (not inconsistent with them) for College purposes, extraordinary expenditure (when required) on estates, and any reasonable donations either for educational or charitable objects or for purposes connected with the duties of the College as a holder of property.

Communication of the 5 Before any scheme is confirmed by the Visitor, the Scheme to Hebdomadal Governing Body shall communicate it to the Vice-Chancellor Council for the information of the Hebdomadal Council of the University; and the Visitor shall consider any representations which the Hebdomadal Council may judge it expedient for the interests of the University to make with reference to such scheme.

Confirmation of Scheme 6 An order made by the Visitor confirming a scheme submitted to him by the Governing Body shall continue in force until a new scheme varying it or in substitution for it shall have been submitted and confirmed in like manner.

Representation to Visitor 7 The Governing Body or any six members of the Governing Body may at any time make a representation to the Visitor requesting him to exercise, if he think fit, the powers of this Statute. But this provision shall not be deemed to affect the Visitor’s right to exercise such powers proprio motu.

Surplus Revenue 8 Subject to the right of the Visitor to exercise the powers hereby given to him, any surplus of the revenues of the College shall from time to time be applied by the Governing Body at 42

their discretion to any purposes relative to the College and not inconsistent with these Statutes, or (subject to the Statutes of the University in force for the time being) to any purposes relative to the University and conducive to the advancement of learning, science, or education.

Restrictions on 9 No addition shall under the powers of this Statute be Application of made to the emoluments of the Headship, or of any Fellowship, Surplus Revenue Postmastership, or Open Exhibition in the College; nor to payments from the corporate revenues which may be made under these Statutes to any College Fund in respect of which payments from the corporate revenues are limited by these Statutes, nor to the numbers of Postmasterships or Open Exhibitions. But this section shall not be deemed to prohibit or restrain the College from making payment under the preceding section out of its surplus revenue for research or other work in any department of learning or science, or for the publication of the results of such research or other work.

Accounts 10 It shall be the duty of the Bursars to present annually to the College, and of the Auditor or Auditors or the Finance Committee to certify, a clear statement of the income and expenditure of the College, of the disposable surplus (if any), and of the proposed appropriation of it, together with a statement of the outstanding liabilities other than those relating to current expenditure, specifying the terms within which loans raised under the borrowing powers of the College are to be paid off. This statement shall include trust accounts, as well as the general accounts of the College.

Total Return 11 The Governing Body shall have the power to expend for any purpose within the provisions of the Statutes so much of the value of any fund as is prudent in all the circumstances having regard to the total return achieved and reasonably to be expected in the long term where ‘total return’ means return in terms of both income, whether received or accrued, and capital appreciation, whether realised or unrealised, always subject to any specific investment restrictions applicable to trust funds. Reference to ‘income’ or ‘revenue’ elsewhere in this Statute XII shall be deemed to include the value of any fund (as appropriate) referred to in this clause.

STATUTE XIII

The Visitor

The Visitor 1 The Archbishop of Canterbury for the time being shall be the Visitor of the College.

General Powers 2 (a) The Visitor may, whenever he deems it of the Visitor expedient to do so, for enforcing the due observance of the Statutes in force for the time being, without any request or application by the Governing Body or any of its members, visit the College and exercise at such visitation all the powers which are by law incidental to the office of General Visitor of a College.

(b) The Visitor may at such visitation, or if he think fit at other time, require the Governing Body to answer in writing touching any matter as to which the Visitor may deem it expedient to inquire for the purpose of satisfying himself whether the Statutes in force for the time being are being duly observed.

Power to interpret 3 If any question arises on which the Governing Body are Statutes unable to agree, depending wholly or in part on the construction of any of the Statutes of the College in force for the time being, the Governing Body, or the Warden, or any three members of the Governing Body, may submit the same to the Visitor, and the Visitor shall thereupon declare the true construction of the Statutes with reference to the case submitted to him.

Appeal to Visitor 4 The Warden or any Fellow of the College, if he considers himself aggrieved by any act or decision of the College, and any Postmaster or Open Exhibitioner, if deprived of his Postmastership or Exhibition by a decision of the College, may appeal to the Visitor, and the Visitor shall adjudicate on the appeal, and confirm, reverse, or vary the act or decision, as he deems just.

Suspension of 5 If at any time it appears to the satisfaction of the Visitor Fellowships, etc and that owing to any cause, the revenues of the College are, or abatement of charges without the exercise of the power hereby conferred would be likely to become, insufficient to meet the charges created by these Statutes, and to defray the rest of its necessary or ordinary expenditure, the Visitor shall, on a petition in writing presented to him by order of the Governing Body at a Stated General Meeting, direct that any vacant Fellowship or Postmastership shall, either permanently or during any limited period, be kept vacant, or that all the charges created by these Statutes shall be rateably diminished, either permanently or for a limited period: Provided that no such diminution shall be made in the contribution specifically directed by these Statutes to be made for University purposes, unless thirty days’ previous notice

thereof shall have been given to the Vice-Chancellor of the University.

Decision of Visitor 6 Any decision given by the Visitor under these Statutes to be binding shall be binding on the College and upon the Warden and any Fellow thereof and upon every person affected thereby.

7 In accordance with the provisions of the Education Reform Act 1988, nothing in these Statutes shall enable or require the Visitor -

(a) To hear any appeal or determine any dispute relating to a member of the academic staff to whom Statute VIII applies which concerns the member’s appointment or employment or the termination of that appointment or employment; or

(b)To disallow or annul any By-law or Regulation made under or having effect for the purposes of Statute VIII.

STATUTE XIV

Provisions relative to the University

Representations as to 1 If at any time it appears to the Hebdomadal Council of the provisions relative the University that any provision of these Statutes, or of any to the University other Statutes of the College in force for the time being, respecting the accounts of the College, or the audit or publication thereof, or the exercise of the borrowing powers of the College, or any other provisions of such Statutes, by the non-observance of which any interest of the University is liable to be prejudicially affected, is not duly observed, the Hebdomadal Council may submit a representation to the Visitor; and the Visitor shall, upon receiving such representation, inquire into the matter, and, after considering any representation made by the Governing Body, make such order therein as he shall deem just for enforcing the due observance of the said Statutes in the matter to which the representation shall relate.

Representations as to 2 The Hebdomadal Council may in like manner make a allocation of Fellowships representation to the Visitor, if it shall appear that the provisions of these Statutes respecting the allocation of Fellowships are not duly observed by the College.

Notice to Warden 3 Before any representation is made under either of the foregoing provisions, the Vice-Chancellor shall communicate the matter of the proposed representation to the Warden for the information of the Governing Body, and when a representation is made shall forthwith send him a copy of it.

STATUTE XV

Form of Accounts of the College and the Audit and Publication thereof

Accounts 1 The Governing Body shall cause proper Books of Account to be kept, in which shall be entered:

(i) all receipts and payments on account of or authorised by the College, whether from and to persons being members of the College or from and to any other person whatsoever;

(ii) all debts and liabilities contracted by or to the College or by or to any person on account or by authority of the College;

(iii) a statement in detail of all property of every kind or description held by or in trust for the College.

Books to be kept 2 The books shall include:

(i) a Register of all the property of the College, showing the description, situation, amount, rental or other annual value of every property; the fixed charges on it (if any); and in the case of stocks or other securities the names in which and the accounts to which the same are standing;

(ii) a Rolls of Rents, Rent charges, Dividends, and other annual income, showing the amounts receivable and those actually received during the year, and the arrears (if any) at the beginning and at the close of the account;

(iii) a Cash Book or Cash Books containing a record of all cash transactions;

(iv) a Ledger or Ledgers;

and also such other books as may be necessary or convenient for regularly recording all such receipts and payments and other matters and things as aforesaid, and for enabling the several accounts to be duly checked and balanced, and the correctness of the Abstracts, for the publication of which provision is hereinafter made, to be ascertained and verified.

Separate Accounts 3 Separate accounts shall be kept of all property held in of Trust Property trust for any purpose other than the general purposes of the College, and of receipts and payments in respect of such property.

Audit 4 The College accounts shall be audited once at least in every year. The Governing Body shall appoint for that purpose an Auditor or Auditors. One person so appointed shall be a professional Accountant carrying on business in London or Westminster. The Auditor or Auditors shall report in writing to the Governing body whether the Accounts of the College are duly kept in proper Books of Account in conformity with the provisions of this Statute, and whether the Abstracts and Balance Sheet prepared pursuant to the provisions of this Statute contain a full and true account of the financial condition of the College. It shall be lawful for the Auditors or any Auditor to report specially as to any payment which they or he may judge to have been made without sufficient authority. The expenses of the Audit (including payment to any clerk or clerks who assistance the Auditor or Auditors may require) shall be paid out of the revenues of the College.

Annual information 5 The Governing Body shall in every year cause to be to be given to Registrar prepared and delivered to the Registrar of the University for of the University publication such information relating to the accounts of the College as may be prescribed from time to time by any Statute made or to be made for the University under the powers of the Universities of Oxford and Cambridge Act 1923. The date on or before which such information shall be delivered to the Registrar, the forms of the statements in which it shall be shown, and the certificate accompanying such forms shall be as prescribed from time to time in the Statutes made or to be made for the University under the like authority; and the certificate shall be signed by the Auditor or Auditors aforesaid.

Curators of the 6 The Governing Body shall, on or before a date University Chest prescribed as aforesaid, furnish to the Curators of the University Chest such information as may be required for determining the amount to be paid by the College to the Curators as a contribution for University purposes under any Statute made or to be made for the University under the powers of the Universities of Oxford and Cambridge Act 1923.

Catering Arrangements 7 The Governing Body shall keep kitchen accounts and to be submitted to other statistics relating to the catering arrangements of the Accountants College, submit them to Accountants, and communicate the report of the said Accountants. The forms in which such accounts and statistics shall be kept, the periods at which they shall be submitted to the said Accountants, the manner in which the said Accountants shall be nominated and the cost of their inspection met, and the authorities to which the report of the said Accountants shall be communicated, shall be as prescribed from time to time in the Statutes made or to be made for the University under the powers of the Universities of Oxford and Cambridge Act 1923.

1923 STATUTE XVI

Alteration of Statutes

Universities of Oxford 1 These Statutes shall be subject to alteration in the and Cambridge Act manner provided by the Universities of Oxford and Cambridge Act 1923.

These Statutes are made wholly for Merton College within the meaning of the Universities of Oxford and Cambridge Act 1877, section 30, as set out in the Schedule to the Universities of Oxford and Cambridge Act 1923.

Approved by the King in Council 30th April 1926, with amendments approved by the King and Council and by the Queen in Council up to and including February 2001