Universities (Scotland) Act 1889
| Jurisdiction | UK Non-devolved |
| Citation | 1889 c. 55 |
| Year | 1889 |
Universities (Scotland) Act, 1889.
(52 & 53 Vict.) CHAPTER 55.
An Act for the better Administration and Endowment of the Universities of Scotland.
[30th August 1889]
Whereas it is expedient to make provision for the better administration and endowment of the Universities of St. Andrews, Glasgow, Aberdeen, and Edinburgh, and for improving and regulating the course of study therein:
Be it therefore 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:
Preliminary.
1 Short title.
1. This Act may be cited as theUniversities (Scotland) Act, 1889.
2 Construction of Act.
2. This Act shall, so far as is consistent with the tenor thereof, be read and construed along with an Act passed in the Parliament held in the twenty-first and twenty-second years of the reign of Her present Majesty, intituled ‘An Act to make provision for the better government and discipline of the Universities of Scotland, and improving and regulating the course of study therein; and for the union of the two Universities and colleges of Aberdeen’; and the said Act may henceforth be cited for all purposes as the Universities (Scotland) Act, 1858.
3 Definitions.
3.‘The Treasury’ means the Commissioners of Her Majesty's Treasury.
‘Public moneys’ means ‘moneys provided by Parliament,’ or ‘moneys issuing out of the Consolidated Fund.’
‘Universities Committee’ means the Scottish Universities Committee of the Privy Council, constituted by this Act.
‘University’ means Scottish University.
‘Affiliation’ for the purposes of this Act means such a connexion between an existing University and a college as shall be entered into by their mutual consent, under conditions approved by the Commissioners, or, after the determination of their powers, by the Universities Committee.
‘The Commissioners’ means the Commissioners appointed under this Act.
‘College,’ where by the context it does not apply to a college presently forming part of any University, means any institution established on a permanent footing for the purpose of teaching the higher branches of education which shall be sufficiently endowed in the opinion of the Commissioners, and after the expiry of their powers of the Universities Committee.
‘Governing body’ means a body constituted on a permanent footing, and charged, by Act of Parliament, Royal Charter, deed of endowment and trust, or otherwise, with the management and administration of any fund devoted to higher education.
‘Students representative council’ means a students representative council in any University, constituted in such manner as shall be fixed by the Commissioners under this Act.
4 Commencement of Act.
4. This Act shall come into operation, except as herein-after provided, on the first day of January one thousand eight hundred and ninety, which date is in this Act referred to as the commencement of this Act.
Part I.
Constitution of University Court.
5 University Courts.
(1)5.—(1.) The University Courts shall consist of—
(i.) In the University of St. Andrews:—
(ii.) In the University of Glasgow:—
(iii.) In the University of Aberdeen:—
(iv.) In the University of Edinburgh:—
Provided always, that the total number of representatives of affiliated colleges in the University Court of any university may be increased by the Commissioners or, after the expiration of their powers, by the Universities Committee, if in their opinion respectively special circumstances should arise to require such increase.
Seven members of each University Court shall be a quorum.
The rector may, before he appoints his assessor, confer with the students representative council.
(2)Election and term of office of assessors. (2.) The existing rector of each University and the assessor nominated by him shall continue in office until the expiry of the period for which they were appointed, and every future rector and rector's assessor shall continue in office for three years, but in the event of the Chancellor or rector ceasing to hold office his assessor shall continue to be a member of the University Court until an assessor is nominated by the new Chancellor or rector and no longer. The other assessors, except as herein-after provided, shall continue in office for four years; but all assessors shall be eligible for re-election, and no principal or professor of any University shall be elected rector or be nominated or elected assessor to any other person or body than the Senatus Academicus.
The Commissioners shall have power, immediately after the passing of this Act, to regulate the time, place, and manner of the first election of the three additional assessors to be elected under this Act by the general council and Senatus Academicus of each of the Universities of Glasgow, Aberdeen, and Edinburgh respectively, and shall appoint such election to be held on or before the twentieth day of December one thousand eight hundred and eighty-nine.
The assessor of the general council of each University in office at the passing of this Act shall continue in office for two years from the date of the elections of the additional assessors, and the Commissioners shall regulate the period for which the three new assessors to be elected by the general council shall hold office, having regard to the time at which the existing assessor of the general council of each University falls to retire, so as to provide that in future two such assessors shall retire from office biennially; and the general council shall each second year elect two successors to the retiring assessors, and in the event of a casual vacancy the person elected to fill such vacancy shall go out of office at the date when the person whom he succeeded would in the ordinary rotation have retired. No member of the Senatus Academicus of any University shall be entitled to vote or take part in the election of any assessor of the general council of that University.
The assessor of the Senatus Academicus of each University in office at the passing of this Act shall continue in office for such period not exceeding four years in all from the date of his election as the Commissioners shall appoint; and the Commissioners shall regulate the period for which the new assessors to be elected by the Senatus Academicus of each University shall hold office, so as to provide in future for a regular system of rotation, and, in the event of a casual vacancy, the person elected to fill such vacancy shall go out of office at the date when the person whom he succeeded would in the ordinary rotation have retired.
(3)Incorporation of University Court. (3.) The University Court shall be a body corporate with perpetual succession and a common seal, which shall be judicially noticed, and all the property, heritable and moveable, belonging to the University, or to any existing college forming part of the University at the passing of this Act, whether the title...
To continue reading
Request your trial