Universities and CollegeEstates Act 1964
1964 CHAPTER 51
An Act to amend the law relating to property held by or on behalf of universities and colleges, and for purposes connected therewith.
[16th July 1964]
Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
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Ecclesiastical Leases Acts.1 Ecclesiastical Leases Acts.
(1) The Ecclesiastical Leases Act 1571, the Ecclesiastical Leases Act 1572, the Ecclesiastical Leases Act 1575 and the Ecclesiastical Leases Act 1836 shall not have effect in relation to any college in any university.
(2) In this Act ‘college’ includes a hall; and for the purposes of this Act the Cathedral or House of Christ Church in Oxford shall be considered to be a college in the University of Oxford.
2 Removal of restrictions in Universities and College Estates Act 1925.
(1) This section applies to the following universities and colleges, that is to say—
(a ) the universities to which the Universities and College Estates Act 1925 (in this Act referred to as ‘the Act of 1925’) applies, and
(b ) all colleges in those universities.
(2) In relation to universities and colleges to which this section applies, the Act of 1925 shall have effect subject to the exceptions and modifications specified in Part I of Schedule 1 to this Act (being exceptions and modifications for removing restrictions on the powers of those universities and colleges).
3 Capital money
(1) In relation to universities and colleges to which the last preceding section applies, the Act of 1925 shall have effect subject to the further exceptions and modifications specified in Part II of Schedule 1 to this Act (being exceptions and modifications relating to the receipt and application of capital money).
(2) Where at the commencement of this Act any capital money belonging to a university or college to which the last preceding section applies is held by the Minister of Agriculture, Fisheries and Food, that Minister shall pay or transfer it to that university or college, or to a person designated for the purpose by that university or college.
(3) Any capital money which in pursuance of the last preceding subsection is paid or transferred to a university or college, or to a person designated by a university or college, shall be held by that university or college, or by that person, as the case may be, on the like trusts (if any) and subject to the like provisions (whether having effect by virtue of an enactment or otherwise) as the capital money so paid or transferred would have been subject to if it had continued to be held as mentioned in the last preceding subsection.
(4) Any stamp duty payable on, or other expenses of or incidental to, the payment or transfer of any capital money in pursuance of this section shall be paid by the university or college to whom the capital money belongs.
(5) The provisions of Schedule 2 to this Act shall have effect with respect to sinking funds.
(6) In this section ‘capital money’ includes any property representing capital money, and ‘property’ includes any investment, any estate or interest in real or personal property, any negotiable instrument, debt or other chose in action and any other right or interest whether in possession or not; and for the purposes of this section capital money shall be taken to belong to a university or college if it is held on behalf of that university or college, whether for the general purposes thereof or for any special endowment or other special purpose connected with that university or college.
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Amendment and repeal of enactments.4 Amendment and repeal of enactments.
(1) The enactments specified in Schedule 3 to this Act shall have effect subject to the amendments specified in that Schedule (being minor amendments or amendments consequential upon the preceding provisions of this Act).
(2) The enactments specified in Schedule 4 to this Act are hereby repealed to the extent specified in relation thereto in the third column of that Schedule.
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Short title, citation, extent and commencement.5 Short title, citation, extent and commencement.
(1) This Act may be cited as the Universities and College Estates Act 1964; and the Universities and College Estates Act 1925 and this Act may be cited together as the Universities and College Estates Acts 1925 and 1964.
(2) This Act shall not extend to Scotland or to Northern Ireland.
(3) In so far as any enactment contained in this Act, or amended or modified by this Act, is capable of applying, as part of the law of England and Wales, to land in Scotland or in Northern Ireland, the last preceding subsection shall not affect the operation of that enactment, as part of that law, in relation to any such land.
(4) This Act shall come into operation at the end of the period of one month beginning with the day on which it is passed.
S C H E D U L E S
SCHEDULE 1
EXCEPTIONS AND MODIFICATIONS TO UNIVERSITIESAND COLLEGE ESTATES ACT 1925
I
Exceptions and Modifications referred to in Section 2(2)Part I
Exceptions and Modifications referred to in Section 2(2)
1. In section 2, subsection (2) shall be omitted.
2. In section 15(1), the words ‘with the consent of the Minister’ shall be omitted.
3. In section 17, the words ‘with the consent of the Minister’, in each place where they occur, and in subsection (1) the words ‘with such consent as aforesaid’, shall be omitted.
4. In section 23(1), the words ‘with the consent of the Minister’ shall be omitted.
5. In section 26, the words ‘with the consent of the Minister’ in subsections (1) and (2), and the words ‘and on the terms mentioned in the order consenting to the loan’ in paragraph (a ) of the proviso to subsection (2), shall be omitted.
6. In section 30(1), the words ‘with the consent of the Minister’ and the words from ‘and may be authorised’ to the end of the subsection shall be omitted.
7.
(1) In subsection (1) of section 31, the words ‘with the consent of the Minister’, the words from ‘and be stated’ to ‘specified in the order’ and, in paragraph (b ) of the proviso, the words ‘with the approval of the Minister’, shall be omitted.
(2) In subsection (2) of that section, for the words ‘as may be deemed reasonable by the Minister’ there shall be substituted the words ‘as is reasonable’.
8. In section 32(1), the words ‘in such manner as may be approved by the Minister’ shall be omitted, and for the words ‘as may be sanctioned by the Minister’ there shall be substituted the words ‘as the university or college think fit’.
9.
(1) In section 38, subsections (1), (2), (3) and (6) shall be omitted.
(2) In subsection (5) of that section, the word ‘such’, in the first place where it occurs, shall be omitted, after the word ‘mortgage’ there shall be inserted the words ‘proposed to be made under an order of the Minister under section 21 of this Act’, and for the word ‘consent’ there shall be substituted the words ‘valuation or plan’.
10. In section 40, the words ‘with the consent of the Minister’ shall be omitted.
II
Exceptions and Modifications referred to in Section 3(1)Part II
Exceptions and Modifications referred to in Section 3(1)
1. In section 3(2), the words from ‘when received’ to ‘the Minister and’ shall be omitted, and, in the proviso, for the words ‘the Minister’ there shall be substituted the words ‘the university or college...
