University Of Gibraltar Act 2015 (Gibraltar)

University Of Gibraltar Act 2015

Published: 2015-07-02

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Unlimited Searches
Weekly Updates on New Laws
Access to 5,345,848 Global Laws from 110 Countries
View the Original Law Side-by-Side with the Translation

Subscribe Now for only USD$40 per month.

University of Gibraltar

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

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

University of Gibraltar

2015-10

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.

University of Gibraltar

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

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,

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

University of Gibraltar

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

University of Gibraltar

2015-10

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;

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

University of Gibraltar

2015-10

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;

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

University of Gibraltar

2015-10

(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–

University of Gibraltar

2015-10

(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;

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

University of Gibraltar

2015-10

(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;

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;

University of Gibraltar

2015-10

(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;

University of Gibraltar

2015-10

(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;

University of Gibraltar

2015-10

(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,

(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.

University of Gibraltar

2015-10

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;

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

University of Gibraltar

2015-10

(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

University of Gibraltar

2015-10

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–

University of Gibraltar

2015-10

(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;

(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.

University of Gibraltar

2015-10

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–

University of Gibraltar

2015-10

(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

University of Gibraltar

2015-10

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,

(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–

University of Gibraltar

2015-10

(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,

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

2015-10

(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

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

2015-10

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.