The Prospects College of Advanced Technology (Government) Regulations 2014

Regulation 2

SCHEDULE 2 ARTICLES OF GOVERNMENT

1. 1. Interpretation of the terms used

2. 2. Conduct of the institution

3. 3. Responsibilities of the Corporation, the Chief Executive and the Clerk

4. 4. The establishment of committees and delegation of functions generally

5. 5. The search committee

6. 6. The audit committee

7. 7. The remuneration committee

8. 8. Group training associations

9. 9. Access to committees by non-members and publication of minutes

10. 10.–11. Delegable and non-delegable functions

11. 12.–14. Appointment and promotion of staff

12. 15. Rules relating to staff

13. 16. Suspension and dismissal of the Clerk

14. 17. Students

15. 18. Financial matters

16. 19. Internal audit

17. 20. Accounts and audit of accounts

18. 21. Rules and bye-laws

19. 22. Copies of Articles of Government and rules and bye-laws

20. 23. Modification or replacement of the Instrument and Articles of Government

21. 24. Dissolution of the Corporation

Interpretation of the terms used

1.  In these Articles of Government—

(a) “these Articles” means these Articles of Government;

(b) “Chair” and “Vice-Chair” mean respectively the Chair and Vice-Chair of the Corporation appointed under clause 4 of the Instrument of Government;

(c) any reference to “the Chief Executive” shall include a person acting as Principal or Chief Executive;

(d) “the Clerk” has the same meaning as in the Instrument of Government;

(e) “the Corporation” has the same meaning as in the Instrument of Government;

(f) “the institution” means the institution which the Corporation is established to conduct and any institution for the time being conducted by the Corporation in exercise of its powers under the Further and Higher Education Act 1992;

(g) “the Secretary of State” means the Secretary of State for Business, Innovation and Skills (or any successor responsible for further education);

(h) “senior post” means the posts of Chief Executive and Clerk;

(i) any reference to “staff” or “staff of the institution” shall include staff employed by the Corporation and staff employed by a subsidiary of the Corporation;

(j) “staff member” and “student member” have the same meanings as in the Instrument of Government;

(k) “students’ association” has the same meaning as in the Instrument of Government.

Conduct of the institution

2.—(1) The mission of the Corporation shall be to make a contribution to the success of key sectors of British industry by taking a leading role in providing excellent technological education and skills training which is open to all people of ability and commitment.

(2) The institution shall be conducted in accordance with the provisions of the Instrument of Government, these Articles, any rules or bye-laws made under these Articles and any trust deed regulating the institution.

Responsibilities of the Corporation, the Chief Executive and the Clerk

3.—(1) The Corporation shall be responsible for the following functions—

(a) the determination and periodic review of the educational character and mission of the institution and the oversight of its activities;

(b) publishing arrangements for obtaining the views of staff and students of the institution on the determination and periodic review of the educational character and mission of the institution and the oversight of its activities;

(c) approving the quality strategy of the institution;

(d) the effective and efficient use of resources, the solvency of the institution and the Corporation and the safeguarding of their assets;

(e) approving annual estimates of income and expenditure;

(f) the appointment, grading, suspension, dismissal and determination of the pay and conditions of service of the Chief Executive and the Clerk, including, where the Clerk is, or is to be appointed as, a member of staff, the Clerk’s appointment, grading, suspension, dismissal and determination of pay in the capacity of a member of staff;

(g) setting a framework for the pay and conditions of service of all other staff; and

(h) reviewing the appetite for risk of the institution including reviewing and approving the risk register of the institution from time to time.

(2) Subject to the responsibilities of the Corporation, the Chief Executive shall be the chief executive and Principal of the institution, and shall be responsible for the following functions—

(a) making proposals to the Corporation about the educational character and mission of the institution and implementing the decisions of the Corporation;

(b) the determination of the institution’s academic and other activities including all curriculum matters;

(c) preparing annual estimates of income and expenditure for consideration and approval by the Corporation, and the management of budget and resources within the estimates approved by the Corporation;

(d) the organisation, direction and management of the institution and leadership of the staff;

(e) the appointment, assignment, grading, appraisal, suspension, dismissal and determination, within the framework set by the Corporation, of the pay and conditions of service of staff, other than the holders of senior posts;

(f) representing the interests of the institution externally; and

(g) maintaining student discipline and, within the rules and procedures provided for within these Articles, suspending or expelling students on disciplinary grounds or expelling students for academic reasons.

(3) The Clerk shall be responsible for the following functions—

(a) advising the Corporation with regard to the operation of its powers;

(b) advising the Corporation with regard to procedural matters;

(c) advising the Corporation with regard to the conduct of its business; and

(d) advising the Corporation with regard to matters of governance practice.

The establishment of committees and delegation of functions generally

4.—(1) The Corporation may establish committees for any purpose or function, other than those assigned in these Articles to the Chief Executive or Clerk or those specified in article 10, and may delegate powers to—

(a) such committees;

(b) the Chair, or in the Chair’s absence, the Vice-Chair; or

(c) the Chief Executive.

(2) Without prejudice to article 4(1)(b) both the Chair and in the Chair’s absence the Vice-Chair shall, on terms specified in rules and bye-laws from time to time, be empowered to act for the Corporation between meetings of the Corporation where action is required to be taken between such meetings.

(3) The number of members of a committee and the terms on which they are to hold and to vacate office, shall be decided by the Corporation.

(4) The Corporation may also establish committees under collaboration arrangements made with other further education institutions or maintained schools (or with both), and such joint committees shall be subject to any regulations made under section 166 of the Education and Inspections Act 2006(1) governing such arrangements.

(5) Subject to article 10(2) any committee established by the Corporation may include persons who are not members of the Corporation.

The search committee

5.—(1) The Corporation shall establish a committee, to be known as the “search committee”, to advise on—

(a) the appointment of members (other than as a staff or student member); and

(b) such other matters relating to membership and appointments as the Corporation may ask it to.

(2) The Corporation shall not appoint any person as a member (other than as a staff or student member) without first consulting and considering the advice of the search committee.

(3) The Corporation may make rules specifying the way in which the search committee is to be conducted.

The audit committee

6.—(1) The Corporation shall establish a committee, to be known as the “audit committee”, to advise on matters relating to the Corporation’s audit arrangements and systems of internal control.

(2) The audit committee shall consist of such persons and operate in such way as is approved by the Corporation from time to time subject to compliance with any criteria imposed on the Corporation by any funding agency funding the institution from time to time.

The remuneration committee

7.—(1) The Corporation shall establish a committee, to be known as the “remuneration committee”, to advise on—

(a) the remuneration of the Chief Executive and Clerk and such other persons or categories of persons as the Corporation may approve from time to time; and

(b) such other matters relating to remuneration as the Corporation may ask it to.

(2) The Corporation may make rules specifying the way in which the remuneration committee is to be conducted.

Group training associations

8.—(1) The Corporation may establish committees, to be known as the “group training associations”, to advise on—

(a) how the institution may best support the needs of relevant employers;

(b) recommending possible appointees to the Corporation for consideration by the search committee; and

(c) such other matters as the Corporation may ask the group training associations to advise on.

(2) The Corporation may make rules specifying the way in which any such group training associations are to be conducted.

Access to committees by non-members and publication of minutes

9.  The Corporation shall be entitled to decide from time to time its policies regarding—

(a) attendance at committee meetings by persons who are not committee members; and

(b) the publication of minutes of committee meetings.

Delegable and non-delegable functions

10.—(1) The Corporation shall not delegate the following functions—

(a) the determination of the educational character and mission of the institution;

(b) the approval of the annual estimates of income and expenditure;

(c) the responsibility for ensuring the solvency of the institution and the Corporation and for safeguarding their assets;

(d) the appointment of the Chief Executive;

(e) the appointment of the Clerk, (including, where the Clerk is, or is to be, appointed as a member of staff, the Clerk’s appointment in the capacity of a member of staff); and

(f) the modification or revocation of the Instrument of Government or these Articles.

(2) The Corporation may not delegate—

(a) the consideration of the case for dismissal; or

(b) the power to determine an appeal in connection with the dismissal,

of the Chief Executive or the Clerk, other than to a committee of members of the Corporation.

11.  The Corporation shall make rules specifying the way in which a committee having functions under article 10(2) shall be established and conducted.

Appointment and promotion of staff

12.—(1) Where there is a vacancy or expected vacancy in a senior post, the Corporation shall—

(a) seek to appoint an appropriate person using such methodology as it sees fit; and

(b) appoint a selection panel consisting of such persons as it might approve from time to time.

(2) The members of the selection panel shall—

(a) decide on the arrangements for selecting the applicants for interview;

(b) interview the applicants; and

(c) where they consider it appropriate to do so, recommend to the Corporation for appointment one of the applicants they have interviewed.

(3) If the Corporation approves the recommendation of the selection panel, that person shall be appointed.

(4) If the members of the selection panel are unable to agree on a person to recommend to the Corporation, or if the Corporation does not approve their recommendation, the Corporation may make an appointment itself of a person from amongst those interviewed, or it may require the panel to repeat the steps specified in paragraph (2), with or without first re-advertising the vacancy.

13.  Where there is a vacancy in a senior post or where the holder of a senior post is temporarily absent, until that post is filled or the absent post holder returns, a member of staff—

(a) may be required to act as Chief Executive or in the place of any other senior post holder; and

(b) if so required, shall have all the duties and responsibilities of the Chief Executive or such other senior post holder during the period of the vacancy or temporary absence.

14.  The Chief Executive shall have responsibility for selecting for appointment all members of staff being members of the senior leadership team of the institution (as designated by the Corporation from time to time – and not being senior post holders). All other staff of the institution shall be appointed in such manner as the Corporation shall approve from time to time.

Rules relating to staff

15.  The Corporation shall after consultation with staff of the institution make rules and procedures relating to the conduct of staff (including grievance procedures, procedures for suspension of staff, and disciplinary and dismissal procedures). Such rules and procedures shall be subject to the provisions of articles 3(1)(f), 3(2)(e) and 10(2).

Suspension and dismissal of the Clerk

16.  Where the Clerk is suspended or dismissed as a member of staff under article 15, that suspension or dismissal shall not affect the position of the Clerk in the separate role of Clerk to the Corporation.

Students

17.—(1) The students shall be entitled to form a students’ association in accordance with a constitution approved by the students.

(2) After consultation with representatives of any students’ association formed under paragraph (1), the Corporation shall make rules concerning the conduct of students, including procedures for their suspension and expulsion (including expulsion for an unsatisfactory standard of work or other academic reason).

Financial matters

18.  The Corporation shall set the policy by which the tuition and other fees payable to it are determined, subject to any terms and conditions attached to grants, loans or other payments paid or made by any funding agency funding the institution from time to time or any other body.

Internal audit

19.—(1) The Corporation shall, at such times as it considers appropriate, examine and evaluate its systems of internal financial and other control to ensure that they contribute to the proper, economic, efficient and effective use of the Corporation’s resources.

(2) The Corporation may arrange for the examination and evaluation mentioned in paragraph (1) to be carried out on its behalf by internal auditors.

(3) The Corporation shall not appoint persons as internal auditors to carry out the activities referred to in paragraph (1) if those persons are already appointed as external auditors under article 20.

Accounts and audit of accounts

20.—(1) The Corporation shall—

(a) keep proper accounts and proper records in relation to the accounts; and

(b) prepare a statement of accounts for each financial year of the Corporation.

(2) The statement shall give a true and fair account of the state of the Corporation’s affairs at the end of the financial year and of its income and expenditure in the financial year. The statement shall also comply with any requirements or directions of any funding agency funding the institution from time to time.

(3) The accounts and the statement of accounts shall be audited by external auditors appointed by the Corporation in respect of each financial year.

(4) The Corporation shall not appoint persons as external auditors in respect of any financial year if those persons are already appointed as internal auditors under article 19.

(5) The “financial year” means the first financial year and, except as provided for in paragraph (7), each successive period of twelve months.

(6) The “first financial year” means the period from the date the Corporation was established up to the first 31st July following that date.

(7) If the Corporation is dissolved—

(a) The last financial year shall end on the date of dissolution; and

(b) the Corporation may decide that what would otherwise be the last two financial years, shall be a single financial year for the purpose of this article.

Rules and bye-laws

21.  The Corporation shall have the power to make rules and bye-laws relating to the government and conduct of the institution and these rules and bye-laws shall be subject to the provisions of the Instrument of Government and these Articles.

Copies of Articles of Government and rules and bye-laws

22.  A copy of these Articles shall be given free of charge to every member of the Corporation and at a charge not exceeding the cost of copying to any other person who requests a copy and shall be available for inspection at the institution upon request, during normal office hours, to every member of staff and every student of the institution.

Modification or replacement of the Instrument and Articles of Government

23.—(1) Subject to paragraph (2), the Corporation may by resolution of the members modify or replace its Instrument of Government or Articles of Government, after consultation with any other persons who, in the Corporation’s view, are likely to be affected by the proposed changes.

(2) The Corporation shall not make changes to the Instrument of Government or Articles of Government that would result in the Corporation ceasing to be a charity.

Dissolution of the Corporation

24.  Subject to complying with any legal requirements from time to time in force the Corporation may by a resolution of the members dissolve itself and provide for the transfer of its property, rights and liabilities.

(1)

2006 c.40.