Key Benefits:
Law of April 15, 1992, to Amendment of the Law at the Open University in relation to the Governance Organization
We Beatrix, at the grace of God, Queen of the Netherlands, Princess of Orange-Nassau, etc. etc. etc.
All of them, who will see or hear these, saluut! do know:
In this regard, we have taken the view that it is desirable to eliminate some of the bottlenecks in the organisation of the Open University's management organisation, and that it is desirable to amend the Open University Law in this regard;
In this way, we, the Council of State, and with the mean consultations of the States-General, have been well-regarded and understood to be right and to be understood by the following:
Decisions taken by bodies empowered to do so by the Law at the Open University as they were before the entry into force of this Law are taken as decisions by bodies designated for that purpose by the Open University Act, such as: has been amended by this law.
1 Our Minister of Education and Science shall ensure that, within two months of the entry into force of this Law, a Board of Directors shall be established in accordance with Articles 22 and 23 of the Open University Law. Until the new Governing Council has been established, the Chairman and the members of the Board of Directors appointed by the Crown on the entry into force of this Law shall act as board of directors.
2 Within four months of the decision of the Board of Management pursuant to paragraph 1, the Governing Council shall re-establish the rules of governance referred to in Article 32 of the Law at the Open University. If, within this period, the Rules of Procedure have not been adopted or have not been fully adopted, our Minister of Education and Science may adopt the Rules of Procedure or the missing part thereof.
3 Until the rules of procedure have been established in accordance with paragraph 2 above, the rules of administration which were in force for the entry into force of this Act shall continue to apply as appropriate.
Within three months of following: Article III, second paragraph , the Board of Management Committee established the College of Management, referred to in Article 21 of the Law at the Open University, the management rules provided for in Article 33 of the Law at the Open University. If, within this period, the management rules are not or are not fully adopted, the Governing Board may adopt the rules of procedure or the missing part thereof.
1 The Executive Board shall ensure that within six months of the entry into force of this Law, elections to the Staff Council referred to in Article 39 of the Law at the Open University are held. These elections shall take place for the first time in accordance with the rules laid down in the rules of participation in force at the date of entry into force of this Law for the election of the members of the Council of Ministers by and out of the category of staff and persons employed for the benefit of the Open University.
2 Until the Staff Council has been established in accordance with paragraph 1, members of the participation council existing at the date of the entry into force of this Act, acting by and out of the category of staff and persons for the purposes of the Open University has been elected as a staff council.
3 Within six months of the establishment of the Staff Council in accordance with the first paragraph, the Management Board shall present a Staff Council Regulation as a proposal to the Staff Council.
4 Until a Staff Council Regulation has been established in accordance with paragraph 3, the rules of participation in force in force on the date of entry into force of this Law shall continue to apply.
1 The board of directors shall ensure that within six months of the entry into force of this law, elections to the student council, as referred to in Article 42, first paragraph, of the Law at the Open University are held. These elections shall take place for the first time in accordance with the rules laid down in the rules of participation in force at the date of entry into force of this Law for the election of the members of the Council of Ministers by and out of the Students category.
2 Within six months of being established in accordance with the first member of the Student Council, the College of Directors shall present a student council regulation as a proposal to the Student Council.
3 Until the student council has come into being in accordance with the first paragraph, members of the participation council existing on the date of the entry into force of this Act, chosen by and out of the category of students, shall act as student council.
4 Until the rules of procedure of the student council have been adopted in accordance with paragraph 2, the rules of application of the rules governing the rules of participation in force on the date of entry into force of this Act shall continue to apply mutatis mutandis, subject to the proviso that decisions in respect of which the agreement of the participation council is required shall be regarded as matters in respect of which the student council is given an opportunity to deliver its opinion.
This Law shall enter into force on a date to be determined by Royal Decree.
Burdens and orders that are in the State Sheet will be placed, and that all ministries, authorities, colleges and officials who so concern will keep their hands on the precise execution.
Given at Gravenhage, 15 April 1992
Beatrix
The Minister of Education and Science,
J. M. M. Ritzen
The Minister for Agriculture, Nature Management and Fisheries,
P. Bukman
Published in the 19th of May 1992The Minister of Justice, a.i.,
C. I. Dales