University of London Bill

EXPLANATORY MEMORANDUM

This Bill updates the procedure for making statutes for the University of London (“the
University”). The University is incorporated by Royal Charter granted on 6 January 1863.
The University statutes set out the objects and powers of, and the main constitutional
arrangements for, the University. They establish a Board of Trustees (“the Board”) as
the University’s governing body and a Collegiate Council to advise the Board. The
power to make statutes is currently conferred by the University of London Act 1994
(“the 1994 Act”).

Clause 1 deals with citation.

Clause 2 sets out definitions of certain words and expressions used in the Bill. In
particular, the term “Member Institution” is defined so as to include an institution
which is a constituent member of the University, whether or not it is a university in its
own right.

Clause 3 confers a general power on the Board to alter, revoke or add to (“amend”)
the University statutes. Subsection (2) enables the Collegiate Council to bring forward
its own proposals for the Board to amend the statutes. Subsection (3) sets out the
requirements for the Board to consult the Collegiate Council and other persons before
amending the statutes. Subsection (4) requires the Board to give the Collegiate Council
reasons where it is not minded to adopt, or is minded materially to alter, the Collegiate
Council’s proposals. Subsection (5) provides that the Board must follow the procedure
prescribed in the University’s ordinances for reaching decisions in order to amend the
statutes. Subsection (6) makes it clear that no statute made under this clause has the
effect of amending the Royal Charter or any instrument of government of any Member
Institution.

Clause 4 requires approval of any amendments to the statutes by the Privy Council.
Subsection (2) enables the requirement for that approval to be repealed by Order in
Council.

Clause 5 provides that an instrument entered into by the University or executed by third
parties (e.g. a contract or a will) before or after the Bill passes into law still has effect,
but that references to certain defunct bodies of the University are to be interpreted as
referring to the existing governance bodies of the University.

Clause 6 repeals the 1994 Act.

Clause 7 contains savings provisions. Subsection (1) makes clear that enactment of the
Bill does not affect the provisions of the Royal Charter. Subsection (2) provides that
any statutes of the University in force immediately before the passing of the Bill into
law continue to have effect unless and until they are amended in accordance with the
provisions of the Bill.


EUROPEAN CONVENTION ON HUMAN RIGHTS

In the view of the University of London the provisions of the University of London Bill
are compatible with the Convention Rights.