 House of Commons |
Session 2003 - 04 Internet Publications Other Private Bills before Parliament Arrangement of Clauses (Contents) |
| University of Manchester Bill
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EXPLANATORY MEMORANDUM This Bill is promoted by Project Unity, a company limited by guarantee, which has been established and which is jointly owned by The Victoria University of Manchester and University of Manchester Institute of Science and Technology (“the existing bodies”) for the purpose of creating one single university in place of the existing bodies. The Bill provides for the dissolution of the existing bodies and the revocation of the Royal Charters by which they were respectively incorporated and are governed and transfers to a new body to be established by Royal Charter (to be called The University of Manchester) all the rights, properties, assets and obligations belonging to the existing bodies. The existing bodies first began working together almost one hundred years ago. They are situated on neighbouring campuses and already provide a number of joint courses, departments and services. Following consultation, the Councils and Courts of the existing bodies have agreed to pursue a closer collaboration and have agreed to a proposal to create a single institution to be named The University of Manchester. Bringing together the existing bodies into one single institution will create the largest university in the United Kingdom having the size and resources to compete on a global scale and the ability to offer the highest quality teaching and research facilities in the broadest range of academic subjects. The Government, through the Higher Education Funding Council for England, the Office of Science and Technology and the Northwest Development Agency, has agreed to provide resources to support the proposal which closely reflects the priorities outlined in a recent White Paper “The Future of Higher Education”. One of the primary objectives expressed in the White Paper is the encouragement of closer collaboration between universities. PART 1 PRELIMINARY Clause 1 gives a short title for the intended Act. Clause 2 contains definitions of terms used in the Bill. PART 2 TRANSFER OF FUNCTIONS AND PROPERTY, ETC.,TO UNIVERSITY AND DISSOLUTION OF EXISTING BODIES Clause 3 provides an appointed day for the purposes of the Bill which will be either 1 October 2004 or the date on which the Royal Charter incorporating The University of Manchester (“the University”) comes into effect, whichever is the later date. The University is required to publish in the London Gazette, notice of the day so appointed. Clause 4 provides, on the appointed day, for the existing bodies to be dissolved and for the charters respectively incorporating and governing them to be revoked. It also provides for the dissolution of Project Unity and for notice of that dissolution to be given to the Registrar of Companies. Clause 5 provides for the transfer to the University of all property, rights, interests and functions of the existing bodies. The property so transferred includes any interest which the existing bodies may have in the properties specified in Schedule 1 to the Bill and the trust funds specified in Schedule 2 to the Bill. The clause also provides for the intellectual property so transferred to be valued at one pound. Clause 6 provides for the transfer to the University of all debts and obligations of the existing bodies other than those relating to a member of staff who, by virtue of clause 8 of the Bill, becomes a member of staff of the University. Clause 7 contains saving provisions for agreements and other matters (including actions and proceedings and causes of actions or proceedings), existing or pending in favour of or against the existing bodies immediately before the appointed day so that the University will become a party to such agreement or matter in place of the existing bodies. This clause does not relate to agreements and other such matters respecting a member of staff of an existing body who, by virtue of clause 8 of the Bill, becomes a member of staff of the University. Clause 8 provides for every member of staff of the existing bodies to become a member of staff of the University in accordance with the Transfer of Undertakings (Protection of Employment) Regulations 1981; and to have continuity of employment. Clause 9 provides for any scheme, will or deed in favour of the existing bodies to be read and have effect as if the University were named therein instead of the existing bodies. Clause 10 transfers to the University certain powers of the existing bodies to appoint or nominate members of educational, charitable or other institutions. Clause 11 provides for the University to be an exempt charity for the purposes of the Charities Act 1993. Clause 12 provides that if a scheme, will, deed or other instrument creating a trust, which is to be transferred to the University by the Bill, contains a provision restricting or excluding the general power of investment provided under the Trustee Act 2000, that provision shall cease to apply after the appointed day. The clause also provides for the University to hold the funds of any trust which should fail or be determined absolutely for the University's general charitable purposes. PART 3 MISCELLANEOUS Clause 13 restricts the future use of certain names associated with the existing bodies. Clause 14 allows the existing bodies to produce final accounts which are for a period greater than one year ending on the appointed day. Clause 15 introduces Schedule 3 which repeals certain enactments relating to The Victoria University of Manchester. Clause 16 provides for the costs incurred in promoting the Bill for the intended Act to be paid by the University. EUROPEAN CONVENTION ON HUMAN RIGHTS In the view of Project Unity the provisions of the University of Manchester Bill are compatible with the Convention rights. |
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| © Parliamentary copyright 2003 | Prepared 4 December 2003 |