Review of governance effectiveness
30 Jul 2018
Recommendations to improve governance approved by the Board of Governors
At its July meeting, the Board of Governors approved recommendations related to our University’s governing Statutes (University Laws) and Ordinances (prescribed University practices and procedures). This followed on from an external review of Governance Effectiveness carried out in 2016-17 and discussions at both General Assembly and Senate.
Our University has a duty to conduct its affairs in a responsible and transparent way. Through our governance structure we ensure that we are well managed and accountable to our stakeholders.
The external review, which was carried out by the Leadership Foundation, concluded that the University was effectively governed and that many aspects of its governance arrangements were sector-leading.
It also made recommendations to ensure better governance and compliance with external regulatory requirements. Some of these recommendations do not require changes to our governing Statutes and Ordinances, but others would require such changes.
For example, one of the review recommendations was a slight change to the size and composition of the Board of Governors, including increasing student representation, and this has previously been discussed with Senate and agreed by the Board. This is an example of a change requiring amendment to Statutes, a process requiring approval by the Privy Council (an advisory body appointed by the Queen). This can be a lengthy process and the Department for Education is encouraging universities to simplify and de-regulate Statutes to reduce the need for Privy Council oversight.
Consequently, at its meeting in July, the Board considered proposals to transfer the content of some Statutes to supporting Ordinances. Changes to Ordinances do not require Privy Council approval, but our Statutes require that the opinion of Senate is sought when adding to, amending or repealing Ordinances within Senate’s remit and the Board must consider these opinions. This process is not affected by proposed amendments and will not change.
In relation to Statutes, the primary concern of the Privy Council is that they remain compliant with the University’s legal obligations as a charity, with the public interest governance principles as stipulated by the Office for Students and with the requirements of the sector governance code, the Committee of University Chairs HE Code of Governance. The proposal to amend Statutes will retain compliance in these areas and the Privy Council is content for further detail to be removed.
Senate’s role as Principal Academic Authority is set out in the University’s Charter (which defines the governance of the University). This remains unamended and the current proposed changes to Statutes do not affect Statute XIII (Academic and Academic Related Staff)
The Board approved the changes to Statutes in principle, subject to further work being done on the draft Ordinances in conjunction with the Nominations Committee which is a Board-appointed committee comprising members from the Board, Senate and the General Assembly. In addition, changes to Ordinances within Senate’s remit would be discussed with members of the Senate Effectiveness Working Group before going to the next Senate meeting.