{
  "url": "https://openlegislation.uk/robert-gordon-university-scotland-order-of-council-1993/article-5",
  "json_url": "https://openlegislation.uk/robert-gordon-university-scotland-order-of-council-1993/article-5.json",
  "legislation": "uksi/1993/1157",
  "legislation_title": "The Robert Gordon University (Scotland) Order of Council 1993",
  "legislation_url": "https://openlegislation.uk/robert-gordon-university-scotland-order-of-council-1993",
  "path": "article/5",
  "kind": "article",
  "number": "5",
  "heading": "Powers",
  "text": "(1) The Governing Body shall, subject to the provisions of this Order, have all the rights, powers and privileges necessary or expedient to enable it to carry out the objectsof the Institution.\n(2) Without prejudice to the generality of its powers under the foregoing paragraph and under regulation 2(1) of the 1981 Regulations, it shall be in the power of the Governing Body:\n2.1 Academic\n(a) to admit students, and to prescribe the conditions for their admission, to all courses whether or not leading to the award of a degree or other academic distinction;\n(b) to grant such degrees, diplomas, certificates and such other academic awards or distinctions as it deems appropriate and which may be granted by the Institution pursuant to sub-sections (2) and (3) of section 48 of the Act, and to prescribe the conditions for their receipt;\n(c) subject to consultation with the Academic Council, to award honorary degrees, fellowships and such other academic distinctions as it deems appropriate to such persons as fulfil the conditions which it may prescribe for the receipt of such awards;\n(d) subject to consultation with the Academic Council, to deprive a recipient of a degree, diploma or any other academic distinction previously conferred by the Institution;\n(e) to publish, print, or provide for publication any result of or other matter arising from or in connection with research and scholarship and to sell or otherwise supply or provide books, stationery and other goods as it deems appropriate;\n(f) to institute, maintain and award fellowships, scholarships, studentships, prizes and other aids and encouragements to teaching and research, and to withdraw all such awards; and\n(g) to frame such codes of discipline and regulations as are necessary or desirable for maintaining good order within the Institution.\n2.2 Affiliation\n(a) to form relationships, associations or affiliations with other educational institutions, and such other bodies both public and private as may be necessary or desirable to carry out or further the objects of the Institution; and\n(b) to initiate, establish or acquire companies, whether charitable or commercial, alone or in association with any other persons or entities for the purpose of, or in connection with, any of the objects of the Institution or the functions of the Governing Body.\n2.3 Financial\n(a) to receive donations, legacies, covenants, annuities, subscriptions, gifts and such other income for the furtherance of its functions provided such donations, legacies, covenants, annuities, subscriptions, gifts and such other income shall be applied in accordance with the directions of the respective testator or donor, and, subject to the terms attaching thereto, it shall be in the power of the Governing Body to apply any donation, legacy, covenant, annuity, subscription, gift or such other income in whole or in part to the capital of the endowment or to apply the said donation, legacy, covenant, annuity, subscription, gift or such other income in whole or in part towards defraying the expenditure of the Governing Body inexecuting its functions;\n(b) to receive and expend recurrent and capital funds, to lend money (with or without security), to borrow or raise money and to guarantee and give security for the payment of money or the performance of obligations of any kind by the Institution, the Governing Body or any other person, firm, company or body corporate (including any such person or entity associated with the Institution or Governing Body) and in particular but without prejudice to the generality of the foregoing to guarantee and give security by way of mortgage, charge, standard security, lien or other security upon the whole or any part of the property and assets (whether present or future) of the Institution and in exercising this power the Governing Body shall cause accounts to be kept of income and expenditure and shall appoint auditors annually to audit the same;\n(c) to levy and receive fees and charges for all services, including the provision of courses (whether or not leading to a degree or other academic distinction) and each and any service referred to in article 4;\n(d) to hold, buy, accept, acquire, use, occupy, sell, convey, exchange or lease any property whether heritable or moveable, including shares and other securities, patents, and licences, and to grant or take security over such heritable and moveable property;\n(e) to invest monies of the Institution not immediately required for the purposes of its activities in such investments and securities and in such manner as may from time to time be considered by the Governing Body to be advantageous and to dispose of and vary such investment and securities; and\n(f) to approve the constitution of and to maintain and liaise with an association representing the students of the Institution and to grant such sums of monies as it deems fit to any such association.\n2.4 Organisational\n(a) to appoint from time to time, such committees as it deems expedient (and their conveners from amongst their number) and to co-opt from outwith their number to such committees and to regulate the business of the same;\n(b) to set up such departments, schools, faculties and other units of organisation for teaching and non-teaching staff and to attach thereto such functions, duties and powers as it deems appropriate;\n(c) to institute and prescribe the salaries and conditions of service of such offices and positions as it deems appropriate, to appoint staff thereto and to discipline and remove staff both teaching and non-teaching, including the Principal, either by suspension from or by termination of employment;\n(d) to appoint a Chancellor to be the titular head of the Institution who shall confer degrees, diplomas and other academic distinctions;\n(e) to appoint a Principal and Vice-Chancellor as the chief academic and executive officer who shall have powers, in the absence of or during any vacancy in the office of Chancellor, to confer degrees, diplomas and other academic distinctions;\n(f) to appoint one or more Vice-Principals who shall have such powers as may be vested in them from time to time by the Governing Body; and\n(g) to appoint a person, who may be a Vice-Principal, to exercise all powers of conferment in the absence of both the Chancellor and the Principal.\n2.5 General\n(a) to provide, maintain, equip and otherwise promote the development of catering, residential, social and sports facilities and library and teaching support services for students and staff;\n(b) to apply for letters patent, patent rights, licences, trade marks, trade names, designs, inventions, copy rights or secret processes in its own right or in conjunction with others;\n(c) to establish and maintain an association of the alumni of the Institution;\n(d) to build, re-structure, alter, improve, enlarge, demolish or dispose of any building as it deems appropriate;\n(e) to appoint such professional advisers as it deems appropriate;\n(f) to conduct legal proceedings;\n(g) to effect insurance against risks of all kinds as it deems appropriate;\n(h) to acquire and take over the whole or any part of the business and liabilities of any person, firm, company or body corporate or any rights or property suitable for any of the objects of the Institution, or the functions of the Governing Body;\n(i) to sell, feu, let, hire, license, give in exchange or otherwise dispose of all or any part of the business, property, rights, assets and liabilities of te Governing Body; and\n(j) to make such regulations, byelaws and standing orders as it thinks fit for the exercise of its functions and to provide any facilities and to carry on any activities and to do all things which the Governing Body considers necessary or desirable to enable it to carry out its functions or for the purpose of or in connection with the exercise of the powers conferred on it by this article or by regulation 2(1) of the 1981 Regulations or which are incidental to the performance of its functions and to carrying out the objects of the Institution.\n2.6 Pensions, allowances and gratuities for staff\n(a) Subject to the following provisions of this article, the Governing Body shall have the power to pay such sum or sums by way of pension, allowance or gratuity as it may think fit in respect of any period of service in its employment to—\n(i) any member of the staff of the Institution, on retirement, through age or permanent incapacity, from the employment of the Governing Body; or\n(ii) the surviving spouse or any dependant of any such member in the event of the death of the member in the employment of the Governing Body.\n(b) In paragraph (a) reference to the permanent incapacity of a member of the staff of the Institution means a reference to a disability of mind or body of such a nature or to such an extent as, in the opinion of the Governing Body, renders that member permanently incapable of continuing to serve efficiently in the employment of the Institution.\n(c) A pension, allowance or gratuity under this article shall not be payable in respect of any period of service which is reckoned for the purpose of any other pension, allowance, gratuity, or other like benefit, payable—\n(i) out of any superannuation scheme or fund established by or under any enactment; or\n(ii) directly or indirectly out of monies provided by Parliament or by a local authority out of any tax, charge or rate levied by them.\n(d) In paragraph (c) the reference to “any other pension” does not include a retirement pension under Part II of the Social Security Contributions and Benefits Act 1992 and the reference to “like benefit” does not include any other benefit under that Act.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "1992 c. 4."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/1993/1157/article/5",
    "retrieved_at": "2026-10-29T13:57:34.210515+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}