Bye-Laws

Bye-Laws in Document Form

I : MEETING OF THE GOVERNING BODY AND COLLEGE OFFICES

Standing Orders for Governing Body Meetings

  1. Scheduled meetings of the Governing Body will normally be held in 0th, 4th and 8th week of each term.
  2. The agenda for any meeting of the Governing Body (except for an emergency meeting summoned in accordance with clause 3(1) of Statute I) shall be circulated by the Secretary of the Governing Body together with any relevant papers to members not less than two clear working days before the date of the meeting.
  3. Except for making, amending or rescinding Byelaws (Statute I.1 (3)), appointing a Visitor (Statute II:4) or appointing a Principal (Statute III:3), there shall be a general quorum of seven persons for meetings of the Governing Body.
  4. Minutes of all meetings shall be kept by the Secretary of the Governing Body, and shall be circulated to all members of the Governing Body within two weeks of the meeting.
  5. Student members entitled to attend the Governing Body meeting under clause 12 below are similarly entitled to be circulated with the minutes and agenda excluding reserved items as defined in clause 9 below.
  6. Generally no Governing Body shall exceed two hours in duration from the scheduled start of the meeting. No contested business may be begun more than two hours after the scheduled start of the meeting.
  7. Only agenda items may be voted upon at a Governing Body Meeting, except as indicated in byelaw 8(v) below.
  8. (i) The agenda for meetings of Governing Body will be compiled by the Chair for that meeting together with the Secretary.

(ii)       Regular items on the agenda shall include reports from any Committee of the Governing Body that has met since the previous Governing Body Meeting.

(iii)      Any member wishing to raise an agenda item (including matters arising from the minutes and proposals coming forward from sub-committees) must submit his/her proposal to the Secretary of the Governing Body by 12 noon five days before the Governing Body is due to meet together with the necessary background information to allow other members to consider the information before the meeting.

(iv)      Student members may also submit agenda items for open business in accordance with paragraph (iii) above.

(v)       Exceptionally the chair of any meeting of the Governing Body may allow an item where due to an unforeseen circumstance the appropriate notice has not been given. Normally such items will be received for the purpose of information only.

(vi)      The Chair for any meeting of the Governing Body or its committees may cancel a meeting if no items for the agenda have been received.

9.  Items may be treated as reserved business where they relate to either (i) an individual or (ii) sensitive information.

10.       (i)        Any motion, and any amendment, rider, or addendum to a motion, must be proposed and seconded.

(ii)       An amendment to an amendment must be proposed and seconded, and if passed, shall be incorporated in the original amendment. The amendment thus amended shall be voted upon and if passed shall be incorporated in the original motion. Finally the motion as amended shall be put to the vote.

(iii)      After ten minutes, if the motion “that the question be now put” is moved and seconded a vote upon it must be taken without further discussion. If it is carried the Governing Body must vote immediately upon the particular motion or amendment before it; if it is lost the debate continues and the same closure motion may not be put again for fifteen minutes.

(iv)      If the motion “that the Governing Body proceed to next business” is moved and seconded a vote must be taken without further discussion, and if it is carried the debate on the previous item of business must cease and no vote may be taken on any motion, amendment etc., connected with it.

11.       Any proposal to suspend Standing Orders for the duration of a meeting must be proposed and seconded and carried by a two-thirds majority of those present.

12.       In addition to the members of Governing Body the following are allowed to attend meetings of the Governing Body:

(i) Two representative members of the JCR, comprising the President and/or his/her nominee(s).

(ii) Two representative members of the MCR, comprising the President and/or his/her nominee(s).

(iii) Any person with the agreement of a simple majority of the Governing Body.

13.       All Governing Body papers are confidential to members of the Governing Body.

College Offices

14.       The College Offices of Vice-Principal, Senior Tutor, Tutor for Graduates, Dean, Dean of Degrees, Secretary of the Governing Body, and Steward of the Senior Common Room will be held for a maximum period of three years unless the Governing Body decides on a different period at appointment or during term of office. College Officers may stand for re-election to any post.

II:        ADMINISTRATION & FINANCE

  1. It is the responsibility of the Governing Body to set policy and make major decisions.           The Day to day running of the College is the responsibility of its officers in consultation with the Principal.
  2. All expenditure on behalf of the College must be authorised by the Bursar or Principal.
  3. All unbudgeted and exceptional expenditure in excess of £1,000 must be approved by the Governing Body.

III :     GENERAL RULES OF CONDUCT

1. G eneral Behaviour.   All members of college shall behave in a reasonable and responsible manner, with consideration for other members of the college. They should refrain from any conduct likely to disrupt the academic, administrative or domestic functions of the college, or which may bring the college into disrepute.

2.  College Property. No member of college shall damage or deface any property of the college, or occupy the same other than in accordance with its proper purpose.

3.  Freedom of Speech. Every member of the college shall comply with the provisions of the Code of Practice on Freedom of Speech set out in the Proctors’ and Assessor’s Memorandum.

4.  Harassment. Every member of the college shall comply with the provisions of the Code of Practice on Harassment set out in the Proctors’ and Assessor’s Memorandum.

5.  Offensive Weapons. No member of the college shall keep any firearm, ammunition or other offensive weapon in college, or in college-controlled accommodation.

6.  Drugs. The possession, use or sale, by any member of College of any drugs prohibited by English law is strictly forbidden.

7.  Additional Regulations. Every member of college shall comply with the provisions of the Student Regulations, Disciplinary and Complaints Procedures, and with any additional regulations and procedures laid down in the College Handbook.

IV : DISCIPLINE OF JUNIOR MEMBERS

  1. The discipline of Junior Members shall follow the procedures stipulated in the Student Regulations, Disciplinary and Complaints Procedures.
  2. In cases of minor breaches of the College regulations, the Junior Dean shall have power to impose sanctions, including a fine of up to the amount stipulated in the Student Regulations, Disciplinary and Complaints Procedures.
  3. The Dean shall have the authority to impose a fine of up to the amount stipulated in the Student Regulations, Disciplinary and Complaints Procedures. Any higher amount shall require authorisation by the Governing Body.
  4. The Dean and/or Junior Dean may temporarily ban students or any of their guests from the college or any part of the college if the Dean or Junior Dean considers this is necessary for the maintenance of order, ensuring the safety or security of the college or any person on the college premises. The Dean shall have power to send a student(s) out of residence (or ban the student(s) from any part of the college premises) for up to eight weeks of full-term. A student may appeal to the Principal in cases where a decision has been made to send a student out of residence. Any decision to ban a student from part of the college or to send a student out of residence for a limited period shall be reported to Governing Body under reserved business.
  5. Where the Dean considers that an incident is sufficiently serious (considering the nature of the allegations and how far they can be substantiated; the number of incidents involved and the probable range of sanction) he/she may recommend that the Principal set up a Disciplinary Committee to investigate the breach of college regulations, to impose sanctions and to report to the Governing Body. The Disciplinary Committee shall have such powers as are defined in the Student Regulations, Disciplinary and Complaints Procedures.
  6. Any student may appeal to the Dean against any sanction imposed by the Junior Dean who may, at his/her discretion refer the matter to the Disciplinary Committee.
  7. The Disciplinary Committee shall operate in accordance with the provisions of the Student Regulations, Disciplinary and Complaints Procedures.
  8. A student has a right to appeal in cases where the Disciplinary Committee or Governing Body has made a decision to send down, rusticate, or send out of residence and may be allowed an appeal in other cases at the discretion of the Principal. The procedure for appeals shall be as stipulated in the Student Regulations, Disciplinary and Complaints Procedures. 

V : DISCIPLINE OF NON-ACADEMIC STAFF

  1. The College shall operate a three-stage disciplinary procedure with respect to non-academic staff. This disciplinary procedure shall be carried out by the Principal, Bursar or Housekeeper. At each stage of the disciplinary process the member of staff shall be afforded a full oral hearing, and may be accompanied by anyone of his/her choice, without restriction on that choice. All warnings shall be removed from the record of employment upon the expiry of twelve months from the date of the last warning: (i)  Stage one: oral warning. Where the employee’s work or conduct is unsatisfactory, an oral warning shall be given to the employee and recorded on the employment record. It should be made clear to the employee that this is the first formal stage of disciplinary proceedings; (ii)  Stage two: first written warning. If after the oral warning the employee persists in the conduct about which the oral warning was given, a warning shall be given in writing and recorded on the record of employment; (iii)  Stage three: second written warning. If after the first written warning the employee persists in the same conduct, a second warning shall be given in writing, clearly stating the penalty which would be imposed should the conduct continue. The warning shall be recorded on the record of employment.
  2. Dismissal or suspension shall not be entertained until the employee has received the warnings described above, except in the case of gross misconduct.
  3. No member of the non-academic staff shall be dismissed or suspended except by the Governing Body; except that the Principal or Bursar shall have the power to immediately dismiss or suspend anyone for gross misconduct, subject to his/her seeking and obtaining ratification from the Governing Body within a month.
  4. Any member of the non-academic staff whose conduct is to be considered by the Governing Body shall be notified in writing of the nature and details of the misconduct alleged against him/her. Accompanied by anyone of his/her choice, without restriction on that choice, he/she shall be entitled to speak on his/her own behalf before, and/or make a written submission to, the Governing Body, and shall be notified in writing at least seventy-two hours in advance of the date and time of that meeting of the committee at which he/she is entitled to appear and the written submission if any, to be considered.
  5. The following are disciplinary offences to which all employees are subject. In addition, employees may commit disciplinary offences by breaching terms of their particular employment.   Offences (a) to (h) may amount to misconduct: (a) unauthorised removal of College property, that is without the permission of a senior member of staff and the knowledge of the habitual user; (b) financial dishonesty; (c) assault upon a member of staff, a student or a visitor to the College; (d) being under the influence of alcohol; (e) gross indecency; (f) absence from work without an acceptable reason for more than five working days; (g)  harassment or misconduct within the College precincts; (h) deliberate damage to College property; (i) smoking where food is prepared and served, in the College libraries, and in designated no-smoking areas; (j) failure to comply with the College’s health and safety and food hygiene policies, in particular with respect to taking proper safety measures, wearing protective clothing provided, reporting defects, and recording accidents in the accident book in the bursary; (k) inadequate performance of the employee’s duties or refusal to obey proper instructions of a superior; (l) unsatisfactory appearance or abusive language or behaviour; (m) unpunctuality. 

VI : ACADEMIC ARRRANGEMENTS AND DISCIPLINE

  1. All student admissions to the College must endorsed by the Governing Body under Statute X.3.
  2. All requests for intercalation shall be handled in accordance with the provisions of Student Regulations, Disciplinary and Complaints Procedures.
  3. All junior members must satisfy the Governing Body of their industry and progress in accordance with the academic expectations set out in the Student Regulations, Disciplinary and Complaints Procedures. Serious or persistent failure to do so will trigger the academic disciplinary procedures set out in the Student Regulations, Disciplinary and Complaints Procedures.
  4. The Governing Body must be informed if it is intended that a student is to be set a penal collection or issued with a formal warning of the possibility of a suspension on grounds of academic failure or wilful incompetence.
  5. Except in cases where University Regulations require a student to discontinue no student may be sent down on academic grounds other than in accordance with the provisions of the Student Regulations, Disciplinary and Complaints Procedures. In such cases where a student cannot continue because of University Regulations it shall be a matter of report.
  6. The award of College prizes and scholarships must be approved by the Governing Body on the recommendation of the Senior Tutor.
  7. Any candidate for a degree shall send in his/her name to the Dean of Degrees for submission to the University not later than ten days before the ceremony and shall settle any outstanding debts to the college not later than three days before the ceremony. 

VII : THE SENIOR COMMON ROOM

  1. The Members of the Senior Common Room shall be: (i) The Principal and (ii) The fellows of the College who are members of the Governing Body.
  2. Associate Members shall be: (i) Those accorded annual and renewable membership by ballot of the members. (ii)  All other fellows of the College who are not members of the Governing Body.
  3. Visiting Members shall be elected by the members to temporary membership, up to, but not exceeding the duration of one academic year.
  4. Steward. There shall be a steward of the Senior Common Room who shall be responsible for the general amenity of the Common Room and who shall summon and preside at Common Room meetings. The Steward shall be appointed by the Governing Body. The Steward shall retain a register of membership and ensure that meetings are minuted.
  5. S.C.R. Room. The room historically used as the S.C.R. shall not be permanently annexed for any other purpose, nor shall the furniture and the pictures belonging to that room be relocated elsewhere without the prior approval of the steward 
  6. Subscription. Members of the S.C.R. shall be required to pay an annual subscription.

VIII : THE COLLEGE HARDSHIP FUND

The Hardship Fund shall be administered on behalf of the Governing Body by the Academic Administrator, who will have total discretion over the use of monies given for the Hardship Fund or provided by the Governing Body for the Fund. The Academic Administrator may make grants or loans from the income of the Fund, or loans from the capital of the Fund to students in need.

 IX : THE HONORARY GOVERNORS

  1. All those who are governors of the College on the date the Royal Charter is granted shall be invited to become Honorary Governors of the College.

X : THE OLD STUDENTS ASSOCIATION

  1.  The College shall make provision each year for a reunion of the Ministerial Old Students’ Association.
  2. The College shall subsidise this reunion to assist ministerial alumni to attend who otherwise would not be able to afford to do so.

XI : INVESTMENT COMMITTEE

  1.  Purpose

The Investment Committee, on behalf of the Governing Body and in accordance with Clause 3 of Statute VIII, shall (i), formulate an Investment Policy with respect to the Endowment Funds of Harris Manchester College which shall be submitted to and subject to the approval of the Governing Body; (ii), review the Investment Policy at least once a year with any revised investment policy being submitted to and subject to the approval of the Governing Body; (iii), enact the Investment Policy; and (iv), secure adequate experienced advice in respect of such responsibilities either from the members of the Investment Committee or from external parties.

2.  Composition

The Investment Committee will comprise the Principal, the Bursar, a member of the academic staff, a person from outside the Governing Body, and not less than two other persons whether or not being members of the Governing Body, who, on the basis of their experience, the Investment Committee believes will be helpful in the discharge of its responsibilities, provided that all such appointments, excepting those who are members by virtue of their office, shall be for such term as may be approved by the Governing Body.

3.  Powers and Authority

The Investment Committee on behalf of the Governing Body shall exercise the powers of the Governing Body under Clause 2 of Statute VIII to enact the Investment Policy. All decisions of the Investment Committee shall require a majority in favour of the proposal of at least two thirds of all the members of the Investment Committee.

ByeLaw XII – Election and Renewal of Principal

1. At the first Stated Meeting of the Governing Body in the Trinity Term one year before that in which the office of Principal will become vacant under the provisions of Statute III.2 or III.11, the Governing Body shall fix the date of a Special Meeting to be held not later than Saturday of eighth week of the same Trinity Term.

2. If the Governing Body is informed at any Stated Meeting of the intention of the Principal to resign the Governing Body shall at that meeting or as soon afterwards as is practicable fix the date of a Special Meeting to consider his or her replacement.

3.  If a vacancy occurs in the office of Principal otherwise than provided in clause 1 or 2 above the Senior Member of the Governing Body in residence (as defined by Statute IV.10) shall summon a Special Meeting to be held within 14 days of the occurrence, or so soon afterwards as is practicable, provided that if the vacancy shall occur in the month of July, August or September the Special Meeting may be fixed for a day not later than the tenth day of October.

4. The outgoing Principal shall not attend the Special Meeting or any other meeting of the Governing Body or of any committee of the Governing Body convened for the purpose of selecting his/her successor, and shall not take part in any formal aspect of the selection process, but may be consulted and kept informed.

5. The only business on the Agenda of the Special Meeting shall be the appointment of a Principal under Statute III.2-4 and matters directly relating to or arising from it.

6. The Special Meeting shall first establish who is to be the Presiding Fellow for the purposes of electing a new Principal. The duties of the Presiding Fellow shall be to summon and chair all Special Meetings of Governing Body and of any committee of the Governing Body relating to the selection of the new Principal. The Presiding Fellow shall be either:

(i) The Senior Fellow in residence as defined in Statute IV.10; or

(ii) In the event that the Senior Fellow in residence as stipulated in (i) above is either a candidate for the office of Principal or is otherwise unable or unwilling to act as Presiding Fellow, the Presiding Fellow shall be the next most senior Fellow who is able and willing to act in that capacity.

7.  The Special Meeting shall establish a timetable for appointing a Principal. This will typically include:

(i) the drawing up of a job specification;

(ii) the placing of advertisements;

(iii) the closing date for applications;

(iv) the date of an initial meeting to discuss candidates;

(v) visits by candidates;

The Special Meeting shall also establish the procedure to be followed, including, if desired, the setting up of a Search Committee to carry out such parts of the work as are agreed by Governing Body, save that any job description for the new Principal must be agreed by a Special Meeting of the Governing Body as a whole and that all members of the Governing Body should be given a reasonable opportunity to meet the candidates prior to the holding of any election. Any Search Committee shall comprise the Presiding Fellow (as Chair) and at least two other members of the Governing Body, appointed by ordinary resolution of the Governing Body.

8. The Special Meeting shall be adjourned from time to time as may be necessary, and at an adjourned meeting normally not later than the eighth week of the third complete Term following the date of the first meeting voting shall take place on the candidates who have been formally proposed and seconded. At least four weeks’ notice of this meeting shall be given to all Fellows.

9.  The method of election shall be by secret ballot using the following voting system –

On the day appointed the Governing Body shall meet in the College. The voting shall be by secret ballot. The votes shall be given in writing to the two Senior Fellows present who are not the Chair of the meeting, and that person in whose favour an absolute majority of those present and voting shall have voted shall be declared to be the successful candidate. If no person voted for has such an absolute majority, the voting shall be repeated until some person obtains an absolute majority; except that where the votes of the electors are divided equally between two persons the meeting shall thereupon be adjourned; and if at the resumed meeting the votes are again so divided, the Presiding Fellow shall have a casting vote.

10. The meeting for the election of the Principal may be adjourned from time to time by a vote of the majority of those present and voting. Where such a meeting is adjourned for more than forty-eight hours, at least twenty-four hours’ notice of the resumption of such adjourned meeting shall be sent to every member of the Governing Body entitled to be present at such meeting.

11.  At any time during the meeting for the election of the Principal a motion may be proposed and seconded to the effect that the candidate receiving the fewest votes in the next round of the ballot shall be eliminated from all subsequent rounds of voting. The motion may be passed by a simple majority and in the event of a tie the Chair of the meeting shall have a casting vote.

12.  On the determination of the successful candidate under the voting procedure, a Motion shall be put from the Chair that this candidate shall be elected as Principal. This Motion shall be deemed to be passed if supported by the majority stipulated in the Statutes of those present and voting in a secret ballot. That candidate will then have been elected to the office of Principal.

13.  If there is no successful candidate under the voting procedure, or if the Motion to elect the candidate who is the successful candidate under the voting procedure is not passed by the requisite majority, the Meeting shall be immediately adjourned. It shall reconvene in not less than forty-eight hours, and the process of voting shall be repeated.

14.  If a Motion under 12 above is not passed at the adjourned Meeting, the election process will be deemed to have failed and Governing Body will immediately determine a timetable for the consideration of further candidates.

15. If no election has been made within 12 months of the office falling vacant the appointment of a Principal shall lapse to the Visitor in accordance with Statute III.4.

Term of Office

16. The initial term of office of the new Principal shall be as determined by the Governing Body, who shall also determine whether the term is renewable. Governing Body may determine this at the beginning of the election process contemplated in clauses 1-15 above, so that notice of the proposed initial term of office can be given to potential candidates and included in any advertisements.

17. Not less than one year prior to the expiry of the Principal’s initial or (in a case in which a term has been renewed) subsequent term of office, the Senior Member of the Governing Body in residence (as defined by Statute IV.10) shall summon a Special Meeting of Governing Body to consider whether the Principal’s term of office should be renewed.

18. The Principal shall not attend the Special Meeting or any other meeting of the Governing Body or of any committee of the Governing Body convened for the purpose of considering a renewal to his or her term of office, other than by invitation of the Presiding Fellow.

19. The only business on the Agenda of the Special Meeting provided for in clause 17 shall be the extension of the Principal’s term of office and matters directly relating to or arising from it.

20. The Special Meeting shall first establish who is to be the Presiding Fellow for the purposes of considering the renewal or otherwise of the Principal’s term of office. The duties of the Presiding Fellow shall be to summon and chair all Special Meetings of Governing Body and of any committee of the Governing Body relating to the renewal or otherwise of the Principal’s term of office. The Presiding Fellow shall be as defined in Paragraph 6 above. The Special Meeting shall also establish the procedure to be followed.

21. The Special Meeting shall be adjourned from time to time as may be necessary. In particular the Special Meeting shall be adjourned if a motion is proposed, seconded and passed by a simple majority to the effect that the Principal be allowed to make representations to Governing Body on why he or she should be given another term. Where such a meeting is adjourned for more than forty-eight hours, at least twenty-four hours’ notice of the resumption of such adjourned meeting shall be sent to every member of the Governing Body entitled to be present at such meeting.

22.  On the day appointed (which may the same occasion as the Special Meeting that establishes the identity of the Presiding Fellow and the procedure to be followed) the Governing Body shall meet in the College. The voting shall be by secret ballot. The votes shall be given in writing to the two Senior Fellows present who are not the Chair of the meeting, The meeting will determine whether the Governing Body wishes to renew the Principal’s term of office and if so for how long and whether the renewed term is itself renewable. A motion either to renew or not renew the Principal’s term of office must be passed by a simple majority of those present and voting; except that where the votes of the electors are divided equally between two persons the meeting shall thereupon be adjourned; and if at the resumed meeting the votes are again so divided, the Presiding Fellow shall have a casting vote. The quorum for a Special Meeting to determine a renewal of the Principal’s term of office shall be the same as that for electing a Principal.

23.  The procedure outlined in paragraphs 17 to 22 above shall be employed each time the Principal’s term of office would need to be renewed for the Principal to remain in office, provided the current term is expressed to be renewable and unless the Principal has declared an intention (to either the Senior Fellow in residence or the Governing Body as a whole) to quit his or her office at or before the end of his or her current term.

Definitions

24. ‘Quorum’ denotes the number of members of Governing Body who must be physically present at a meeting for a vote to be taken on any business apart for arrangements for an adjournment.

25. ‘Present and voting’ refers to those members present at a meeting who cast a vote for or against a particular motion or for or against one or more candidates; the number ‘present and voting’ does not include abstentions.

XIII: THE FARMINGTON INSTITUTE

  1. Pursuant to a Co-Operation Agreement dated August 2015 between the College and the Farmington Trust Limited (Company no 819630 and Registered Charity no 237934) a charitable company incorporated on the 15th day of September 1964, which Co-Operation Agreement became effective upon the day following the date on which this Byelaw was approved by the College, the charitable activities of the Farmington Trust Limited and in particular those activities conducted by it through the Farmington Institute have been transferred to, and the direct costs of delivering those activities shall be borne by, the College in consideration, inter alia, of the Farmington Trust Limited making an initial grant of five million pounds (the Initial Grant) and future grants (the Ongoing Grants) to the College as more particularly set out in the Co-Operation Agreement.

The Farmington Institute

  1. The Farmington Institute shall undertake activities in furtherance of the charitable objects set out in the memorandum and articles of association of the Farmington Trust Limited as amended by special resolution on the 18th day of May 1989 and in common with the charitable objects of the College. A conformed copy of the memorandum and articles of association of the Farmington Trust Limited shall be kept by the College for the purposes of this Byelaw.

The Farmington Board

3. The College in the name of the Farmington Institute shall pursue such activities from year to year under the general guidance of a governing committee (the Farmington Board) which shall operate as a sub-committee of the Governing Body.

4. The Farmington Board shall:

(i)  meet at least twice in each calendar year;

(ii)  be comprised of the Principal of the College, and such other individuals, being Fellows of the College or otherwise holding a position pursuant to the Statutes of the College (including persons appointed to such positions coincidental with appointment to the Farmington Board), both appointed and for such periods as are jointly approved by the Farmington Board and the Governing Body;

(iii)  appoint from amongst their number a chairman (the Farmington Chairman);

(iv)  not receive any remuneration arising from membership, or attendance at a meeting, of the Farmington Board;

(v)  nominate up to two of their number, excluding and besides any member of the Farmington Board who has served as member of the Governing Body prior to the date of the Co-Operation Agreement, to be members of the Governing Body for up to three years at a time and, with respect to the “initial members” of the Farmington Board, to nominate such members to be members of the Governing Body, subject to such member’s inclination and availability, by rotation and before any new members are so nominated, and subject in all cases to any subsequent term of membership of the Governing Body being for such term as is approved by the joint decision of the Farmington Board and the Governing Body; and

(vi)  determine, subject to this Byelaw, the conduct of their meetings.   

5. The chairman of Farmington Trust Limited, if not already, shall be made a member of the Governing Body and shall be one of the two members of the Farmington Board who are nominated pursuant to 4.(v) above to serve as members of the Governing Body.

6. The initial members of the Farmington Board shall be the Directors of the Farmington Trust Limited serving as of the date of the Co-Operation who shall be appointed Fellows of the College.

7. The chairman of the Farmington Trust Limited shall ordinarily be the Farmington Chairman.

The Director of the Farmington Institute

 8.  The Farmington Board and the Governing Body shall jointly appoint a Director of the Farmington Institute who shall be responsible for pursuing and promoting activities in accordance with this Byelaw.

9. The Director of the Farmington Institute shall be entitled to receive a stipend as jointly agreed by the Farmington Board and the Governing Body.

10. The Director of the Farmington Institute, if not already the Principal or a Fellow of the College, shall be made a Fellow of the College.

11. The first Director of the Farmington Institute shall be the Principal of the College.

The Edward Robert Hamilton Wills Endowment and the Farmington Institute Fund

12.  The Initial Grant and all investment income and gains derived therefrom shall be denoted in the accounts of the College as the “Edward Robert Hamilton Wills Endowment”.

13.  The Ongoing Grants and all investment income and gains derived therefrom shall be denoted in the accounts of the College as the “Farmington Institute Fund”.

14.  Up to 4 per cent. per annum of the valuation of the Edward Robert Hamilton Wills Endowment as of 1st June in each year, except in the first year when it shall be up to 4 per cent of the Initial Grant, may be expended in the twelve months commencing on the immediately succeeding 1st August in accordance with and subject to the charitable objects as set out aforesaid and as determined by the Governing Body.

15.  The Farmington Institute Fund shall be expended in accordance with and subject to the charitable objects as set out aforesaid and as determined by the Farmington Board.

16.  The Farmington Chairman and up to one other member of the Farmington Board shall be appointed members of the investment committee of the College.

 Existing Interests

17. This Byelaw shall operate without prejudice to any interest of the Director of the Farmington Institute or employees of the Farmington Trust Limited at the date on which it came into force.

XIV: ELECTION OF VISITOR

  1. The procedure for electing a new Visitor are set out in Statute II. This Byelaw fulfils the requirement in Section 5 of that statute for a Byelaw to stipulate “the procedures to be adopted for the obtaining of the requisite majority if such shall fail to emerge on the first voting.”
  2. As stipulated in Statute II.4 the requisite majority for the election of a Visitor shall be two-thirds of those present and voting (unless the Statute be amended to require some other majority, in which case the majority stipulated in the amended Statute shall apply). The phrase “those present and voting” shall be taken to exclude abstentions but to include votes against all the candidates (registered in the ballot by a “none of the above” or NOTA option).
  3. If there are three or more candidates for the position of Visitor, and none has secured the requisite majority after the first round of voting, then after each round of voting the candidate with the fewest votes shall be dropped from the ballot and the voting repeated until either one candidate obtains the requisite majority or a vote between the remaining two candidates has failed to secure a two thirds majority for either of them. In the event of a tie for the fewest votes when three or more candidates remain, the Chair of the meeting shall exercise a casting vote to decide which candidate to drop for the next round.
  4. If the first round of voting between the two remaining candidates fails to secure the requisite majority for either of them, there shall be a second round of voting between the same two candidates (after further discussion if desired).
  5. If the second round of voting between the two remaining candidates fails to secure the requisite majority for either of them, the Chair of the meeting shall propose a motion to elect the candidate with the greater number of votes as the new Visitor (after any further discussion which may be desired). In the event of a tie between the two candidates the Chair shall exercise a casting vote to decide which of the two candidates to propose. If the motion is passed with the requisite majority, the candidate in question shall then be deemed to have been elected as Visitor. If the motion is not passed with the requisite majority the Chair may then propose a motion to elect the other candidate, who shall then be elected if the motion secures the requisite majority.
  6. If the procedures laid down in Paragraph 5 fail to secure a successful election, the meeting shall then vote on whether (a) to adjourn the meeting to a later date to make a second attempt to secure the requisite majority for one of the two remaining candidates or (b) to reopen the nominations for the post of Visitor and adjourn the meeting to hold an election between the fresh set of candidates. This vote shall be determined by simple majority with the Chair of the meeting exercising a casting vote in the event of a tie.
  7. The voting at any adjourned meeting shall follow the same procedures as before, except that in the event of a failure of an adjourned meeting voting between the same candidates as the preceding meeting to secure the requisite majority for either candidate the meeting shall then vote on whether (a) to elect the candidate who has secured the greater number of votes or (b) to reopen the nominations for the post of Visitor. This vote shall be determined by simple majority with the Chair of the meeting exercising a casting vote in the event of a tie.
  8. All voting shall be by secret ballot, with the ballots handed to the Chair of the meeting (as stipulated in Statute II.4). The Chair may appoint one or more tellers from among those present at the meeting to assist with the count.
  9. The Chair of any meeting to elect a Visitor shall normally be the Principal. In the event that the Principal is unavoidably absent when the meeting has to take place, the meeting will be chaired by the Vice-Principal or, in his or her absence, the next most senior Fellow available.
  10. The term of office of the Visitor shall be as determined by the Governing Body, who shall also determine whether the term is renewable.