University Of Gibraltar Act 2015

Link to law: http://www.gibraltarlaws.gov.gi/articles/2015-10o.pdf
Published: 2015-07-02

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I ASSENT University of Gibraltar
© Government of Gibraltar (www.gibraltarlaws.gov.gi)
2015-10


UNIVERSITY OF GIBRALTAR ACT 2015

Principal Act

Act. No. 2015-10 Commencement (see LN. 2015/103) 2.7.2015
Assent 1.4.2015




Amending
enactments
Relevant current
provisions
Commencement
date



University of Gibraltar
© Government of Gibraltar (www.gibraltarlaws.gov.gi)
2015-10
ARRANGEMENT OF SECTIONS

Sections.

1. Short title and commencement.

Part 1
Interpretation
2. Interpretation.


Part 2
Establishment and legal personality

3. Establishment.
4. Body corporate.

Part 3
Institutional autonomy and academic freedom

5. Institutional autonomy.
6. Academic freedom.

Part 4
Powers, functions and duties of the university

7. Power to grant degrees etc.
8. Functions and duties of university.

Part 5
Chancellor

9. Chancellor.
10. Vacancy in office of chancellor.

Part 6
Governance

Vice-chancellor and Registrar

11. Powers of vice-chancellor.
12. Suspension or dismissal of staff member.
13. Suspension or expulsion of student.
14. Duties of vice-chancellor.
15. Registrar.
16. Acting registrar.

Board of Governors
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17. Board of Governors.
18. Powers of board.
19. Composition of board.
20. Best interests of university.
21. Board chairperson.
22. Term of office.
23. Removal from office.
24. Persons not eligible.
25. Vacancies on the board.
26. Method of filling vacancies and effect of vacancy.
27. Meetings of board.
28. Tenure, appointment and removal of teaching staff and others.

Academic governing body

29. Academic governance of the university.

Faculties

30. Faculties.
31. Advice to vice-chancellor.

Student Union and Student Societies

32. Requirements to be observed in relation to the student union and
student societies.

Part 7
Interim governing arrangements

33. Initial governing authority.
34. Powers and duties of initial governing authority.

Part 8
Financing and investments

35. Annual grant etc.
36. Expenditures.
37. General borrowing.
38. Short term borrowing.
39. Investments.

Part 9
Property

40. Property.
41. Exemption from taxation.
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2015-10
42. Powers regarding certain property.

Part 10
Accountability and Reporting

43. Reports to Minister.
44. Annual report.
45. Audit.

Part 11
Quality Assurance and Regulatory Authority

46. Gibraltar Authority for Standards in Higher Education.
47. Functions of the Authority.
48. Advisory boards.
49. Regulatory Authority.


Part 12
Miscellaneous

50. Use of name and coat of arms, etc.
51. No liability for acts of students.
52. Limitation of liability.
53. Execution of documents.
54. Charitable status.
55. Offences.
56. Power to make subordinate legislation.


University of Gibraltar
© Government of Gibraltar (www.gibraltarlaws.gov.gi)
2015-10
AN ACT TO ESTABLISH THE UNIVERSITY OF GIBRALTAR AND
FOR CONNECTED PURPOSES.


Short title and commencement.

1.(1) This Act may be cited as the University of Gibraltar Act 2015.

(2) This Act comes into operation on the day appointed by the Minister by
notice in the Gazette, and different days may be appointed for different
purposes.
Part 1
Interpretation

Interpretation.

2. In this Act–

“auditor” means a statutory auditor approved in accordance with the
Financial Services (Auditors) Act 2009;

“board” means the Board of Governors of the university;

“chancellor” means the chancellor of the university;

“Director” means the Director of Education as defined in section 2(1) of
the Education and Training Act;

“faculty” means an academic administrative division of the university
constituted as a faculty;

“faculty member” means a person employed by the university as an
instructor, lecturer, assistant professor, associate professor,
professor, or in an equivalent position;

“Gibraltar Authority for Standards in Higher Education” means the
Gibraltar Authority for Standards in Higher Education established
or designated by the Minister under section 46;

“initial governing authority” means the initial governing authority
established or designated by the Minister under section 33;

“intellectual property rights” means patents, rights to inventions,
copyright and related rights, trademarks, trade names and domain
names, rights in get-up, goodwill and the right to sue for passing
off, rights in designs, rights in computer software, database rights,
rights to preserve the confidentiality of information (including
know-how and trade secrets) and any other intellectual property
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2015-10
rights, in each case whether registered or unregistered and
including all applications (or rights to apply) for and be granted,
renewals or extensions of, and rights to claim priority from, such
rights and all similar or equivalent rights or forms of protection
which may now or in the future subsist in any part of the world;

“Minister” means the minister with responsibility for education;

“registrar” means the registrar of the university;

“student” means a person who is presently enrolled at the university as a
student or who is designated by resolution of the board and
includes a person applying to enrol as a student at the university
and a visiting or exchange student from another university;

“student society” means a representative body (whether an association or
not) whose principal purposes include representing or promoting
the interests of a segment of the student body;

“student union” means an association of the generality of students at the
university whose principal purposes include promoting the general
interests of students, including in academic, disciplinary or other
matters relating to the government of the university;

“university” means the University of Gibraltar;

“vice-chancellor” means the vice-chancellor of the university.


Part 2
Establishment and legal personality

Establishment.

3. There is hereby founded and constituted the University of Gibraltar.

Body corporate.

4. The university is a body corporate, may sue and be sued in its own name,
and shall have its own seal.

Part 3
Institutional autonomy and academic freedom

Institutional autonomy.

5. The university, its board and its other constituent bodies shall be free
from interference from all external bodies, authorities or agencies in the
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exercise of the powers conferred by this Act, including as regards the
following–

(a) the formulation and adoption of academic policies and
standards;

(b) the establishment of standards for admission and graduation;

(c) the selection and appointment of academic staff and students.

Academic freedom.

6.(1) The principles of freedom of inquiry and research, teaching and
intramural and extramural expression, shall be respected.

(2) Without limiting subsection (1), the university in performing its
functions shall–

(a) have the right and responsibility to preserve and promote the
principles of academic freedom in the conduct of its affairs;
and

(b) be entitled to regulate its affairs in accordance with the
principles of academic freedom and of its own ethos, and in
doing so it shall have regard to–

(i) the promotion and preservation of equality of
opportunity and access,

(ii) the effective and efficient use of resources, and

(iii) its obligations as to public accountability,

and if, in the interpretation of this Act, there is doubt regarding the meaning
of any provision, a construction that would promote the principles and ethos
referred to in this section shall be preferred to a construction that does
not.

(3) A member of the academic staff of the university shall have the
freedom within the law in his teaching, research and in any other activities
either in or outside the university, to question and test received wisdom, to
put forward new ideas and to state controversial or unpopular opinions, and
shall not be disadvantaged or subject to less favourable treatment by the
university for the exercise of that freedom.

Part 4
Powers, functions and duties of the university

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Power to grant degrees etc.

7. The university has in its own right and name the power to grant degrees
(including research and honorary degrees), diplomas and certificates in
accordance with this Act.

Functions and duties of university.

8.(1) The functions of the university are as follows–

(a) to establish and maintain–

(i) faculties, including faculties of health studies, sports
science, business, life and earth sciences, Gibraltar
studies, Mediterranean studies, and tourism and
hospitality,

(ii) institutes, including an institute of professional
development and continuing education,

(iii) departments,

(iv) schools,

(v) colleges,

(vi) academic chairs,

(vii) centres, including a centre for the teaching of English as
a foreign or business language, and

(viii) courses of instruction, including courses in the law of
Gibraltar and in Gibraltar taxation;

(b) to provide instruction in the various branches of knowledge,
including where appropriate through the facilitation of
instruction in conjunction with other universities;

(c) to establish facilities for the pursuit of original research in the
various branches of knowledge;

(d) to establish fellowships, scholarships, exhibitions, bursaries,
prizes, rewards and pecuniary and other aids to facilitate or
encourage proficiency in the subjects taught in the university
and original research in the various branches of knowledge;

(e) to provide courses of study or instruction to meet Gibraltar’s
needs and aspirations; and
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(f) generally to promote and carry on the work of the university.

(2) The functions of the university shall be fulfilled through the
cooperative effort of the vice-chancellor, board and other constituent parts
of the university.

Part 5
Chancellor

Chancellor.

9.(1) The university shall have a chancellor, who is appointed by the
Minister, and who shall be the titular head of the university.

(2) A chancellor holds office for a term of three years and is eligible for
reappointment for successive or non-successive terms.

(3) A chancellor shall not be an employee of the university while he holds
office.

Vacancy in office of chancellor.

10.(1) If the office of chancellor becomes vacant for any reason before the
expiration of the chancellor's term of office, the vacancy shall be filled as
soon as practicable pursuant to section 9(1).

(2) A person appointed under subsection (1) holds office for the unexpired
term of the predecessor in office.


Part 6
Governance

Vice-chancellor and Registrar

Powers of vice-chancellor.

11.(1) There shall be a vice-chancellor of the university, who is to be the
chief executive officer and who shall set the strategic direction of the
university and provide it with academic leadership.

(2) The vice-chancellor is appointed by the board with the consent of the
Minister.

(3) Without limiting subsection (1), the vice-chancellor has the following
powers–

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(a) to recommend appointments, promotions and removal of
members of the teaching and administrative staffs and the
officers and employees of the university;

(b) to summon meetings of a faculty when he considers it
necessary or advisable to do so, and at his discretion to
convene meetings of all or any of the faculties;

(c) to authorise lectures and instruction in any faculty to be given
by persons other than the appointed members of the teaching
staff;

(d) to establish such committees as he considers necessary or
advisable.

Suspension or dismissal of staff member.

12.(1) The vice-chancellor has the power to suspend or dismiss any
member of the teaching and administrative staffs and any officer or
employee of the university.

(2) On the exercise of the power in subsection (1), the vice-chancellor
shall promptly report the action to the board with a statement of his reasons.

(3) A person who is suspended or dismissed under this section has a right
of appeal to the board, whose decision shall be final.

Suspension or expulsion of student.

13.(1) The vice-chancellor has power to suspend or expel a student and to
deal summarily with any matter of student discipline.

(2) On the exercise of the power in subsection (1), the vice-chancellor
shall promptly report the action to the board with a statement of his reasons.

(3) A student who is suspended or expelled under this section has a right
of appeal to the board, whose decision shall be final.

Duties of vice-chancellor.

14.(1) The vice-chancellor shall–

(a) prepare and publish an annual report on the progress of the
university,

(b) make any necessary recommendations to the board, and

(c) report on any matter referred to him by the board.
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(2) The vice-chancellor shall prepare an annual budget and submit it to the
board and the Minister for approval.

(3) The annual budget prepared under subsection 14(2) shall include a
report on the measures taken towards becoming or remaining self-financing
pursuant to section 35(2).

Registrar.

15. There shall be a registrar, appointed by the board, who shall keep the
records and perform the duties that the board may require.

Acting registrar.

16. If the registrar is unable to act or is absent, the board may appoint an
acting registrar, who shall perform the duties of the registrar and has all the
powers of the registrar.

Board of Governors

Board of Governors.

17. The university shall have a governing board to be known as the Board
of Governors.

Powers of board.

18.(1) The management, administration and control of the property,
revenue and business of the university are vested in the board.

(2) Without limiting subsection (1) or the general powers conferred on the
board by this Act, the board has the following powers–

(a) to make rules for the meetings of the board and its transactions;

(b) to appoint a secretary and such committees it considers
necessary to carry out the board's functions, including joint
committees with other university bodies, and to confer on the
committees power and authority to act for the board;

(c) to maintain and keep in proper order and condition the real
property of the university, to erect and maintain the buildings
and structures on it that in the opinion of the board are
necessary and advisable, and to make rules respecting the
management, government and control of the real property,
buildings and structures of the university;

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(d) to establish procedures for the recommendation and selection
of candidates for vice-chancellor and for senior academic
positions;

(e) to appoint deans of all faculties, a librarian, a bursar, the
professors, lecturers, instructors and other members of the
teaching staff of the university, and the officers and employees
the board considers necessary for the purposes of the
university, and to set their salaries or remuneration, and to
define their duties and their tenure of office or employment;

(f) if the vice-chancellor is absent or unable to act, or if there is a
vacancy in that office, to appoint an acting vice-chancellor
with the consent of the Minister;


(g) subject to section 14(2), to receive from the vice-chancellor
and adopt with or without modifications the budgets for
operating and capital expenditure for the university;

(h) to set, determine and collect the fees–

(i) to be paid for instruction, research and all other activities
in the university,

(ii) for extramural instruction,

(iii) for public lecturing, library fees, and laboratory fees,

(iv) for examinations, degrees and certificates,

(v) for the use of any student or alumni organisation in
charge of student or alumni activities;

(i) to administer funds, grants, fees, endowments and other assets;

(j) to select a seal and arms for the university and have sole
custody and use of the seal;

(k) to determine the number of students that may in the opinion of
the board, having regard to the resources available, be
accommodated in the university, and to make rules considered
advisable for limiting the admission or accommodation of
students to the number so determined;

(l) to enter into agreements on behalf of the university;

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(m) to regulate, prohibit and impose requirements in relation to the
use of real property, buildings, structures and personal property
of the university, including in respect of–

(i) activities and events,

(ii) vehicle traffic and parking, including bicycles and other
conveyances, and

(iii) pedestrian traffic;

(n) to acquire and deal with–

(i) an invention or any interest in it, or a licence to make,
use or sell the product of an invention, and

(ii) a patent, copyright, trade mark, trade name or other
proprietary right or any interest in it;

(o) to require, as a term of employment, engagement or financial
assistance, that a person assign to the board all or any interest in
an invention or all or any interest in intellectual property rights
or other proprietary right resulting from such an invention,

(i) made by that person using the facilities, equipment or
financial assistance provided by the board, or

(ii) made by that person while acting within the scope of the
person's duties, engagement or employment, or resulting
from or in connection with the person's duties,
engagement or employment as an officer or employee of
the university;

(p) to make rules consistent with the powers conferred on the
board by this Act;

(q) to provide for the hearing and determination of disputes arising
in relation to–

(i) the contravention of a rule or other instrument made in
the exercise of a power under this section,

(ii) the imposition of a penalty under sub-paragraph (i), and

(iii) jurisdictional competences between the constituent
bodies of the university;

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(r) to do and perform all other matters and things that may be
necessary or advisable for carrying out and advancing, directly
or indirectly, the purposes of the university and the
performance of any duty by the board or its officers prescribed
by this Act.

(3) A person appointed under subsection (2)(f) has, during the period for
which he is appointed, all the powers, rights and privileges of the vice-
chancellor.

Composition of board.

19.(1) The board of the university shall be composed of up to seven
members, as follows–

(a) the vice-chancellor,

(b) the Director,

(c) the university’s financial comptroller; and
(d) up to four persons appointed by the Minister.

(2) The Minister may increase the number of members of the board at its
request, and any additional members shall be selected and appointed by the
board alone.

(3) The Minister shall appoint a chairperson of the board from among its
members.

Best interests of university.

20. The members of the board of the university shall act in the best interests
of the university.

Board chairperson.

21. The board shall select a chairperson from among its members to chair a
meeting if the person appointed by the Minister pursuant to subsection 19(3)
is unable to attend that meeting.

Term of office.

22.(1) A member of the board holds office for a term of three years and is
eligible for re-appointment.

(2) The vice-chancellor, the university’s financial comptroller and the
Director are members of the board for as long as each holds his respective
office.
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Removal from office.

23.(1) If the Minister is satisfied that any member of the board–

(a) has been absent from three consecutive meetings of the board
without the permission of the chairperson of the board;

(b) has become bankrupt;

(c) has been convicted of a criminal offence punishable by a term
of imprisonment of 3 months or more;

(d) is incapacitated by physical or mental illness;

(e) is in material breach of the terms under which he was
appointed; or

(f) is otherwise unable or unfit to discharge the functions of a
member;

the Minister may, after consultation with the other members of the board,
declare that person’s office as a member of the board to be vacant and
thereupon such office shall become vacant.

(2) The board may, on a resolution passed by the vote of at least a two-
thirds majority of its members excluding the member or members to whom
the resolution relates, remove for cause any member that it has appointed.

(3) Unless excused by resolution of the board, a member who does not
attend at least half of the regular meetings of the board in any year is
deemed to have vacated his seat.

Persons not eligible.

24.(1) The following persons are not eligible to be appointed members of
the board–

(a) a Member of the Gibraltar Parliament,

(b) a person who is an employee of the university and who has the
responsibility, or joint responsibility with others, to–

(i) negotiate with the board, on behalf of the academic or
non-academic staff association of the university, the
terms and conditions of service of members of that
association, or

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(ii) adjudicate disputes regarding members of the academic
or non-academic staff association of the university.

(2) A member of the board who ceases to be eligible during his term of
office immediately ceases to be a member of the board.

Vacancies on the board.

25.(1) If a vacancy arises on the board because of the death of a member or
for any other reason before the end of the term of office for which a member
has been appointed, the board shall declare the vacancy in the minutes.

(2) A declaration under subsection (1) is conclusive evidence of the
vacancy.

Method of filling vacancies and effect of vacancy.

26.(1) If a vacancy exists in respect of a member appointed by the Minister,
the Minister may appoint a person to fill the vacancy.

(2) If a vacancy exists in respect of a member appointed by the board, the
board may appoint a person to fill the vacancy.

(3) A vacancy on the board does not impair the authority of the remaining
members of the board to act.

Meetings of board.

27.(1) The board shall meet as often as is necessary to transact the business
of the board, and in any event at least once every three months.

(2) Three members of the board constitute a quorum for the transaction of
business by the board.

(3) The chairperson has the same right to vote as the other members of the
board, and, in the case of a tied vote on a motion, the motion is defeated,
and the chairperson shall so declare.

Tenure, appointment and removal of teaching staff and others.

28.(1) Unless otherwise provided, the tenure of persons appointed under
section 18(2)(e) is during the pleasure of the board.

(2) A member of the permanent teaching staff of the university or of any
faculty of the university shall not be promoted or removed except on the
recommendation of the vice-chancellor.

Academic governing body
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Academic governance of the university.

29.(1) The Minister may pursuant to section 56 establish and provide for an
academic board, council, senate or equivalent body to undertake the
academic governance functions of the university.

(2) The vice-chancellor shall undertake the university’s academic
governance functions until such time as the Minster exercises his powers
under section (1).

Faculties

Faculties.

30. The faculties of the university shall be constituted by the body
established under section 29(1) or, if no such body has been established, the
vice-chancellor, and in either case shall take into account the advice of such
person as is appointed Director of Academic Programmes and Research.

Advice to vice-chancellor.

31. Any of the faculties may advise the vice-chancellor in any matter
affecting the interests of the university, whether academic or disciplinary,
but that advice does not limit the powers and authority of the vice-
chancellor.

Student Union and Student Societies

Requirements to be observed in relation to the student union and
student societies.

32.(1) The board may recognise a student union that requests such
recognition, but only one student union shall exist at any one time.

(2) The board shall take such steps as are necessary to secure that the
student union and any student society operates in a fair and democratic
manner and is accountable for its finances.

(3) The Minister may in consultation with the board make regulations to
ensure that the requirements of subsection (2) are observed.

Part 7
Interim governing arrangements

Initial governing authority.

33.(1) The Minister may–
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(a) designate an initial governing authority for the university,
consisting of one or more members;

(b) appoint the member or members of the initial governing
authority and if he appoints more than one member he shall
designate one of them as its chairperson;

(c) specify the name of the initial governing authority;

(d) confer or impose on the initial governing authority any powers
or duties he considers necessary in connection with the
carrying out of its responsibilities.

(2) The initial governing authority shall exercise its powers and perform
its duties until it is dissolved by Minister.

Powers and duties of initial governing authority.

34.(1) Despite anything in this Act and in addition to the powers and duties
conferred or imposed on the initial governing authority under section
33(1)(d), the initial governing authority of the university–

(a) may exercise the powers and perform some or all of the duties
of–

(i) the vice-chancellor, until the appointment of the first
vice-chancellor,

(ii) the board, until the commencement of the board’s first
meeting, and

(b) may exercise the powers and perform the duties referred to in
clause (a) either in its own name or in the name of the vice-
chancellor or the board as the case may be.

Part 8
Financing and investments

Annual grant etc.

35.(1) The Government may provide an annual grant, loan or other periodic
financial assistance to the university in order to provide for capital,
operating or other expenditures.

(2) Notwithstanding subsection (1) the university shall use its best
endeavours to become and remain self-financing.

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Expenditures.

36.(1) The board shall not incur any liability or make any expenditure in a
financial year beyond the amount unexpended of any grant, loan or
assistance provided to the university and the estimated revenue of the
university up to the end of that financial year, unless an estimate of the
increased liability or over-expenditure has been first approved by the
Minister.

(2) The board must at all times manage the expenditures of the university
prudently.

General borrowing.

37.(1) The university may borrow money, with the approval of the
Minister, for the purpose of–

(a) purchasing or otherwise acquiring land for the use of the
university, or

(b) erecting, repairing, adding to, furnishing or equipping any
building or other structure for the use of the university.

(2) The board may–

(a) enter into any agreement that it may consider necessary or
advisable for carrying out the purposes mentioned in this
section, and

(b) execute in the name of the university all agreements, deeds and
other instruments considered necessary or advisable to carry
into effect the provisions of the instrument.

Short term borrowing.

38.(1) The board may, by resolution, borrow money required to meet the
expenditures of the university until the revenues of the current financial year
become available but any such borrowing shall not exceed the expected
revenues of the current financial year.

(2) Money borrowed under subsection (1) shall be repaid out of current
revenues and may be secured.

Investments.

39 Subject only to a contrary intent expressed in a gift, devise, bequest or
trust the board–

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(a) may invest money belonging to the university and available for
investment, and

(b) shall, when investing under paragraph (a), make investments
that a prudent person would make.

Part 9
Property

Property.

40.(1) For the purposes of carrying out and advancing, directly or
indirectly, the purposes of the university, the university may acquire, by
gift, purchase or any other manner, and hold, property of any kind.

(2) Subject to the prior approval of the Minister and to the terms of any
leasehold, grant, conveyance, gift or devise of land, the university may
mortgage, sell, transfer, lease or otherwise dispose of its land.

(3) Subject to the prior approval of the Minister and to the terms of any
leasehold, grant, conveyance, gift or bequest of any personal property, the
university may mortgage, sell, transfer, lease or otherwise dispose of its
property.

(4) Every lease made under this section shall contain provisions,
satisfactory to the Minister, for re-entry and taking possession by the
university of the land leased and all buildings on it.

Exemption from taxation.

41.(1) Unless otherwise provided in an Act, the property vested in the
university, and held or used by or on behalf of the university for university
purposes, and any university income, is exempt from taxation.

(2) The exemptions referred to in subsection (1) shall also apply to any
subsidiary, affiliate or associated company of the university.

Powers regarding certain property.

42. Without limiting its powers to acquire and hold property, the university
may acquire, take and hold all property–

(a) mortgaged or pledged to it by way of security,

(b) foreclosed, or conveyed to it in satisfaction of debts previously
contracted.

Part 10
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Accountability and Reporting

Reports to Minister.

43. At the request of the Minister, the university shall provide the Minister
with reports and any other information that the Minister considers necessary
to carry out the Minister's responsibilities in relation to the university.

Annual report.

44.(1) The vice-chancellor and the board shall provide an annual report to
the Minister, in which they shall set out–

(a) a balance sheet and a statement of revenue and expenditure for
the year ending on the preceding December 31,

(b) the results of the annual audit required under section 45, and,

(c) other particulars the Minister may require.

(2) A copy of the annual report shall be sent promptly to the chancellor.

Audit.

45. The board shall arrange for an audit of annual accounts or consolidated
accounts of the university and shall send a copy of the audited accounts to
the Minister promptly.

Part 11
Quality Assurance and Regulatory Authority

Gibraltar Authority for Standards in Higher Education.

46.(1) The Minister may establish or designate by order a quality assurance
authority to be known as the Gibraltar Authority for Standards in Higher
Education.

(2) The purpose of the Gibraltar Authority for Standards in Higher
Education is to establish and safeguard academic standards and provide
quality assurance in respect of the university’s academic programmes.

(3) The Minister may delegate the functions enumerated in section 47 to
such body, whether in Gibraltar or abroad, as he considers appropriate.

Functions of the Authority.

47. The functions of the Gibraltar Authority for Standards in Higher
Education are–
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(a) to establish criteria for the recognition by the Gibraltar
Authority for Standards in Higher Education of qualifications
awarded by the university,

(b) to keep and maintain a register of the university’s
qualifications,

(c) generally to promote the quality and standards of university
education and training through a system of quality assurance of
courses, academic programmes and awards.

Advisory boards.

48.(1) The Gibraltar Authority for Standards in Higher Education may–

(a) appoint advisory boards consisting either wholly or partly of
persons unconnected with the university, on terms and for
purposes the Authority may consider advisable, and

(b) refer to an advisory board any subject or matter that the
Authority considers advisable.

(2) The advice and report of an advisory board appointed under subsection
(1) shall be considered by the Gibraltar Authority for Standards in Higher
Education.

Regulatory Authority.

49.(1) The Minister may establish or designate by order a regulatory
authority to be known as the Gibraltar Higher Education Commission.

(2) The Gibraltar Higher Education Commission shall have such powers
as the Minister may confer upon it by regulation.


Part 12
Miscellaneous

Use of name and coat of arms, etc.

50.(1) A person other than the university shall not, without the consent of
the board, hold himself or itself out as the university or use the title or style
of the University of Gibraltar.

(2) A person shall not assume or use, in the course of trade, occupation or
calling, or otherwise–

University of Gibraltar
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(a) the coat of arms, logo, insignia or emblem of the university or
used in the various offices or departments of the university,

(b) any design in imitation of that coat of arms, logo, insignia or
emblem, or calculated by its resemblance to deceive, or

(c) any paper or other material on which the coat of arms, logo,
insignia or emblem or any design in imitation, or resemblance
calculated to deceive, is stamped, engraved, printed or
otherwise marked.

No liability for acts of students.

51. No action, prosecution or other proceeding shall lie against the
university, the board or the members of the board or faculties, or any officer
or employee of the university, or against the initial governing authority or
any of its members, directors, officers or employees in respect of any act or
omission of a student arising out of an association or activity organised,
managed or controlled, in whole or in part, by students of the university or
of an affiliated college.

Immunity from suit.

52.(1) No action or proceeding shall be brought against a member of the
board or faculties, an officer or employee of the university, or against the
initial governing authority or any of its members, directors, officers or
employees in respect of an act or omission by any of them which is done or
omitted to be done in good faith in the course of the execution of the
person’s duties on behalf of the university.

(2) The limitations of liability specified in subsection (1) shall not apply to
acts or omissions arising from gross negligence.

(3) No action shall lie against the university if it appears that the
university acted under the authority of this Act or any other Act.

Execution of documents.

53. All documents required to be in writing, including deeds, transfers,
mortgages, instruments or documents required to be in writing to which the
university is a party shall be regarded as properly executed by the university
only if executed–

(a) by one member of the board in the presence as witness of
either the registrar,

(b) by two members of the board,

University of Gibraltar
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(c) by two authorised signatories appointed by the board by way of
written resolution, or

(d) by affixing the seal of the university in the presence of two
members of the board or any two authorised signatories
appointed by the board by way of written resolution.

Charitable status.

54. Nothing in this or any other Act shall restrict the ability of the
university to apply for registration under the Charities Act.

Offences.

55. A person who contravenes section 50, or who knowingly provides false
or misleading information in a report required to be submitted to the
Minister under this Act, commits an offence and is liable on summary
conviction to imprisonment for six months or to a fine not exceeding twice
level 5 on the standard scale or to both.

Power to make subordinate legislation.

56.(1) The Minister may make such rules, regulations or orders, or provide
for such other statutory instruments as he considers necessary or useful to
fulfil the purposes and objects of this Act.

(2) The power referred to in subsection (1) may be exercised for the
purpose of implementing an EU or international obligation.