The Charter
At the Court of Buckingham Palace
THE 7TH DAY OF MAY 2005
PRESENT,
THE QUEEN’S MOST EXCELLENT MAJESTY
IN COUNCIL
WHEREAS the Council of Brunel University has duly made
amendments to its Charter:
AND WHEREAS the amendments have been submitted to Her
Majesty in Council for allowance:
NOW, THEREFORE, Her Majesty, having taken the amendments
Into consideration, is pleased, by and with the advice of Her Privy
Council, to allow them, as set out in the Schedule to this Order.
SCHEDULE
Amendments to the Charter of Brunel University referred to in the foregoing order in Council.
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There shall be hereby constituted and from henceforth for ever shall be one body politic and corporate with perpetual succession and a Common Seal by the name and style of "Brunel University" with power to obtain through Our College of Arms a grant of armorial bearings (which shall be duly recorded in Our said College) and in that name to sue and be sued, to take, purchase, hold, charge, sell, exchange, demise or otherwise dispose of real and personal property, to invest, lend and borrow money, and to perform such other acts as by law bodies corporate or natural persons may do, and the University shall have the constitution and powers and be subject to the restrictions in this Our Charter prescribed or contained.
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2
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The Members of the University shall be as set out in the Statutes of the University for the time being. The Members of the University shall only have the powers expressly vested in them under this Our Charter.
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3
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The objects of the University shall be to advance learning and knowledge by teaching, scholarship and learning, and research and enterprise for the benefit of individuals and society at large. The University shall be particularly concerned to provide education such that students shall upon graduation be possessed not only of a range of academic learning but know also the relevance of that learning to the affairs of Our Realm.
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4
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The University shall be a teaching, research and examining body and shall subject to this Our Charter, the Statutes, the Ordinances and the Regulations, have the following powers:
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(l) To prescribe the conditions under which persons shall be admitted to the University or to any particular course of study therein.
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(2) To confer and grant Degrees, Diplomas, Certificates and other academic distinctions on and to persons who shall have pursued a course of study approved by the University and shall have passed the examinations or other tests prescribed by the University. This power shall also apply to any collaborative arrangements of the University.
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(3) To admit graduates of other Universities and recognised institutions of higher education to Degrees of equal or similar rank in the University.
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(4) To confer Degrees of the University on any persons who hold office in the University as Professors, Readers, Senior Lecturers, Lecturers or otherwise or who shall have carried on research therein.
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(5) To confer Honorary Degrees and other distinctions on approved persons; provided that all Honorary Degrees and other distinctions so conferred shall be conferred and held subject to any provisions which are or may be made in reference thereto by the Statutes or the Ordinances of the Council of the University.
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(6) On what the University shall deem to be good cause to deprive persons of or to revoke any Degrees, Diplomas, Certificates or other distinctions conferred or awarded by the University and all privileges connected therewith.
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(7) To provide instruction in such branches of learning as the University may think fit and to make provision for research and for the advancement and dissemination of knowledge in such manner as the University may determine.
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(8) To prescribe rules for the conduct and discipline of the Members of the University.
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9) To provide such lectures and instruction for such persons as the University may determine and to grant Diplomas and Certificates to such persons.
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(10) To accept such of the examinations or other tests and periods of study passed by students of the University at other Universities or places of learning as equivalent to such examinations and periods of study in the University as the University may determine and to withdraw such acceptance at any time.
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(11) To associate other institutions or branches or departments thereof and to recognise selected members of the staffs thereof as teachers of the University and to admit the members thereof to any of the privileges of the University and to accept attendance at courses of study and examination in such institutions or branches or departments thereof in place of such part of the attendance at and of the examinations or other tests for courses of study of the University and upon such terms and conditions and subject to such regulations as may from time to time be determined by the University.
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(12) To co-operate by whatever means with other recognised institutions of higher education or others for the provision of collaborative educational services consistent with the objects of the University or for the conduct of examinations and other tests or for such other purposes as the University may from time to time determine.
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(13) To enter into any agreement for the incorporation within the University of any other institution or part thereof and for taking over its rights, property and liabilities and for any other purposes not repugnant to this Our Charter.
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14) To constitute or abolish after consideration of the recommendations of the Senate, by Resolution of the Council, Faculties, Schools, Departments, Institutes, Delegacies, Boards or other Academic Sections of the University.
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(15) To institute or establish such academic and other posts and offices as required by the University and to appoint to such posts and offices, to remove persons from such posts and offices and to prescribe the conditions of service and remuneration relating to such posts and offices.
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(16) To institute and award Fellowships, Scholarships, Studentships, Exhibitions, Bursaries and Prizes and other grants for the encouragement of research, scholarship, learning and teaching.
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(17) To establish and maintain and to administer and govern institutions for the residence of the staff and students of the University whether Colleges, Halls or Houses and to license and supervise such institutions and other places of residence whether or not maintained by the University.
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(18) To make provision for research, consultancy and advisory services and with these objects to enter into such arrangements with other institutions or with public or private bodies or individuals as may be thought desirable, (including arrangements for the grant of powers of attorney and the formation, supervision, management and control of limited companies or other legal entities and for the University to hold shares or other interests in such companies or other legal entities and to participate in their affairs and activities) either alone or with other persons or bodies.
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(19) To provide for the publication of research and other works which may be issued by the University.
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20) To demand and receive fees, charges, subscriptions, deposits and rents, to seek and accept donations and legacies, to lend or borrow monies on the security of a mortgage or charge on all or any of the properties of the University or without such security, and to raise funds for the purposes of the University in such other ways as may be deemed expedient by the University.
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(21) To act as trustees or managers of any property, legacy, endowment, bequest or gift for purposes of education, research, scholarship, learning and teaching or otherwise in furtherance of the work and welfare of the University and to invest any funds representing the same in accordance with the provisions of the Statutes annexed to this Our Charter.
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(22) To invest any monies, including any unapplied income, under such conditions as shall be prescribed from time to time by Ordinance.
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(23) To allow the delegation of powers by the Council of the University and Senate in such manner as shall be provided for in the Statutes.
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(24) To do all such other acts and things whether incidental to the powers aforesaid or not as may be requisite in order to further the objects of the University as a place of education and of learning and research.
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There shall be a Visitor of the University who shall have the right from time to time and in such manner as the Visitor shall think fit to direct an inspection or to conduct an enquiry into such matters of the University as he or she shall think fit.
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5.2
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The Visitor shall be appointed by Us, Our Heirs or Successors in Council on the nomination of the Council of the University for such period as We, Our Heirs or Successors shall see fit.
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6.1
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There shall be a Chancellor of the University who shall be the Head of the University and shall preside over meetings of its Court (if any).
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6.2
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The Chancellor shall confer Degrees and present other awards granted by the University and shall have the power to delegate (and in his or her absence be required to delegate) such power to such persons as the Senate of the University shall think fit.
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6.3
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The manner of appointment of the successors to the Chancellor and the period of office of the Chancellor shall be as prescribed in the Statutes.
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7.1
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There shall be a Pro-Chancellor of the University.
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7.2
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In the absence of the Chancellor, or during a vacancy in that office, the Pro-Chancellor shall act in place of the Chancellor.
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7.3
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The manner of appointment of the Pro-Chancellor and the period of office of the Pro-Chancellor shall be as prescribed in the Statutes.
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8.1
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There shall be a Vice-Chancellor of the University who shall also be the Principal of the University. The Vice-Chancellor and Principal shall be the chief Academic and Administrative Officer of the University and shall be Chair of the Senate.
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8.2
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The manner of appointment, the powers and the duties of the Vice-Chancellor and Principal shall be as prescribed by the Council of the University.
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8.3
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During a vacancy in the office of Vice-Chancellor and Principal, the Council of the University shall appoint in the manner prescribed in the Statutes an Acting Vice-Chancellor and Principal who shall exercise and perform such of the functions of the Vice-Chancellor and Principal and shall have such of his or her powers, privileges and duties under this Our Charter or under the Statutes as the Council may specify.
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9
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There shall be a Vice-Principal and one or more Pro Vice-Chancellors of the University. The number of Pro-Vice-Chancellors shall be determined by the Council. The powers and duties of the Vice-Principal and the Pro-Vice-Chancellor(s) and the manner of their appointment and their periods of office shall be described by the Statutes.
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10.1
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There may be a Court of the University (hereinafter called "the Court"). The Court shall have no legal or other powers in respect of the University.
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10.2
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The creation, continuance and constitution of the Court, its functions, the manner of election and period of office of its members, the manner of filling vacancies in its membership and all other matters relative to the Court which it may be thought proper so to regulate, shall be as prescribed by the Council of the University.
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There shall be a Council of the University (hereinafter called "the Council") which shall, subject to the provisions of this Our Charter and the Statutes, be the Governing Body of the University.
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11.2
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The Council shall have the custody and sole use of the Common Seal. Regulations for the custody and use of the Seal shall be as prescribed by the Council by Ordinance.
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11.3
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The Council shall be responsible for the management and administration of the whole of the revenue and property of the University and except as may otherwise be provided in this Our Charter and the Statutes shall have general control over the University and all its affairs, purposes and functions and all such other powers and duties as may be conferred upon it by Statute.
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11.4
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There shall be a Chair and Deputy Chair of the Council. The manner of election and period of office of the Chair and Deputy Chair of the Council shall be as prescribed in the Statutes.
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11.5
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The constitution of the Council, its powers and functions, the manner of election and period of office of its members, the manner of filling vacancies in its membership, and all other matters relative to the Council which it is appropriate so to regulate shall be as prescribed in the Statutes.
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11.6
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The Council may establish Committees and may appoint to such Committees persons who are or who are not members of the Council, provided that non members of Council shall comprise less than one-half of the membership of such Committees. The Council may delegate to any such Committee any powers or functions which it is competent itself to perform save as those powers or functions are reserved only to the Council by Ordinance from time to time.
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12.1
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There shall be a Senate of the University (hereinafter called "the Senate") which shall, subject to the provisions of this Our Charter and the Statutes and to the powers of the Council contained therein, be responsible for the academic work of the University, in teaching, scholarship and research, and for the regulation and superintendence of the education and discipline of the students of the University.
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12.2
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The constitution of the Senate, its powers and functions, the manner of election and period of office of its members, the manner of filling vacancies in its membership and all other matters relative to the Senate which it may be thought proper so to regulate, shall be as prescribed in the Statutes.
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13
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The University shall comply with its duties to the Students' Union as may be governed by relevant Acts of Parliament and generally, so far as is reasonably practical, the University shall ensure that the Students' Union operates in a fair and democratic manner and is accountable for its finances.
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14.1
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The Statutes of the University (in this Our Charter called "the Statutes") may contain in addition to all such matters as are in the foregoing provisions of this Our Charter required to be prescribed or regulated by the Statutes all such other provisions consistent with this Our Charter as it may be thought proper to make for the convenient and effective attainment and execution of the objects and purposes of this Our Charter.
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14.2
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The Statutes shall be those set out in the Schedule to this Our Charter and shall remain in force until they shall have been amended, added to or repealed in the manner herein after prescribed.
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15
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Subject to the provisions of this Our Charter and the Statutes, the Council may pass Ordinances as it deems necessary from time to time for the conduct of the affairs of the University.
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16
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Subject to the provisions of this Our Charter and the Statutes, the Council and the Senate may from time to time make Ordinances (in the case of Council) and Regulations (in the case of Senate) governing their proceedings for other matters referred to in this Our Charter or the Statutes and may amend, add to or repeal any Ordinances or Regulations theretofore made.
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17
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The Council, after consultation with the Senate, may at any time amend, add to or repeal any of the provisions of this Our Charter by a Special Resolution, and such amendments, additions or repeals shall, when allowed by Us, Our Heirs or Successors in Council, have effect so that this Our Charter shall thenceforward continue and operate as though it had been originally granted and made as so amended, added to or repealed. This Article shall apply to this Our Charter as amended, added to or repealed in manner aforesaid. No Article or provisions of this Our Charter shall be amended, added to or repealed otherwise than by Special Resolution or by Supplemental Charter.
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The Council, after consultation with the Senate, may at any time, amend, add to or repeal the Statutes by a Special Resolution; provided that all such amendments, additions or repeals shall be consistent with this Our Charter and that they shall not have effect until approved by the Lords of Our Most Honourable Privy Council, of which approval a Certificate under the hand of the Clerk of Our said Privy Council shall be conclusive evidence.
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For the purposes of this Our Charter a "Special Resolution" means a Resolution passed at a meeting of the Council ; provided that notice of each meeting shall be given to each member of the Council not less than fourteen days before the meeting to be held and that the Resolution shall be passed at the meeting by a majority of not less than three-fourths of those present and voting.
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20
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Our Royal Will and Pleasure is that this Our Charter shall ever be construed benevolently and in every case most favourably to the University and the promotion of the objects of this Our Charter.
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