NOTICE: There is temporary suspension in place for section 8(1) of this statute. For details of the suspension please see Gazette, Vol. 150, p. 396-397, 14 May 2020
4. Subject to sections 5 and 8-12 of this statute, Council shall consist of:
(1) the Vice-Chancellor;
(2) the Chair of the Conference of Colleges;
(3), (4) the Proctors;
(5) the Assessor;
(6) a member of Congregation elected by the Conference of Colleges;
(7)–(11) five external persons nominated by Council and approved by Congregation;
(12)–(15) the Heads of the Divisions of Humanities; Mathematical, Physical and Life Sciences; Medical Sciences; and Social Sciences;
(16)–(19) four members of Congregation elected by Congregation from members of the faculties in the Divisions of Mathematical, Physical and Life Sciences and of Medical Sciences;
(20)–(23) four members of Congregation elected by Congregation from members of the faculties in the Divisions of Humanities and of Social Sciences;
(24)–(26) three members of Congregation, not necessarily being members of any division and not in any case being nominated in a divisional capacity, who shall be elected by Congregation.
5. (1) The election to Council of the members of Congregation in the three categories defined respectively in sub-sections (16)–(26) of section 4 of this statute shall be subject to the provisions of sub-sections (2)–(5) below.
(2) Not more than three members of the governing body of any one college, society, or Permanent Private Hall may at any time serve as members of Council elected from those three categories taken together.
(3) If the outcome of any election within any one or more of those three categories would otherwise result in there being more than three such members of Council, the number in excess of three shall be eliminated by comparing the votes received in that election by each of the candidates in question, confirming the election of the candidate or candidates receiving the highest number of votes until the limit described in sub-section (2) above has been reached, and disqualifying the remaining candidates.
(4) If any election is uncontested, a candidate who is returned unopposed shall for the purposes of sub-section (3) above be ranked ahead of all other candidates (unopposed or otherwise) to whom they are senior in academic standing.
(5) Where it is necessary to rank unopposed candidates of equal academic standing or to make a choice between candidates who have received an equal number of votes, the ranking or choice shall be determined by lot.
6. Council may, but is not obliged to, co opt up to three members of Congregation as additional members of Council, one of whom may serve as a deputy chair of Council under section 7(4)(a)(ii) below.
7. (1) The Vice Chancellor, or a Pro-Vice-chancellor appointed as chair under section 10(3) below, shall normally take the chair at meetings of Council.
(2) In the event that the person under sub-section (1) above cannot or should not act as chair, a member of Council serving as deputy chair shall take the chair.
(3) The chair shall have a second or casting vote in the event of equality of voting.
(4) (a) Council may appoint up to two deputy chairs:
(i) an external member of Council, appointed under section 4 (7)-(11) above, who shall take the chair for the discussion of items of business in which the chair of the Council meeting has a conflict of interest;
(ii) a Pro-Vice-Chancellor, appointed under regulation 10 of Council Regulations 21 of 2002, who shall take the chair when the chair cannot or should not act as chair for reasons other than a conflict of interest.
(b) In the absence of the appropriate deputy chair appointed under (a) above at a meeting, the Vice- Chancellor or the Pro-Vice-Chancellor appointed as chair of Council under section 10 (3) shall have discretion to appoint an alternate.
(5) The appointment of a deputy chair under sub-section (4) above shall be made on the recommendation of the Vice-Chancellor or the Pro-Vice- Chancellor appointed as chair of Council under section 10 (3).
(6) Where a person is appointed as deputy chair under sub-section (4)(a)(ii) above who is not a member of Council when appointed, that person shall thereupon become a co-opted member of Council and shall remain a member of Council for as long as they remain a deputy chair.
(7) Each deputy chair shall hold office for a period of up to four years and shall be eligible for reappointment.
(8) Each deputy chair may exercise all the functions of the chair at any meeting when the chair cannot or should not act.
8. (1) Members of Council elected under section 4 (16)-(26) or appointed as an external member under section 4 (7)-(11) above shall serve for a period of four years and shall be eligible to serve for a second consecutive period of four years.
(2) The member of Council elected under section 4 (6) shall serve for such period as may be determined under the regulations of the Conference of Colleges.
(3) (a) Members of Council co-opted under section 6 may serve for a period of up to four years and shall be eligible to serve for a second consecutive period of up four years.
(b) The term of a person whose co-optation is made expressly subject to an appointment under section 7 (4)(a) (ii) will expire on the appointment of a deputy chair who is not when appointed a member of Council.
(4) A member who has served two consecutive periods of four years under sub-sections (1) or (3) above shall not be eligible to serve as an elected external or co-opted member of Council earlier than four years after the end of their period of service.
(5) Vacancies caused other than by expiry of term as a member shall be filled for the remaining period of office of the member replaced in the same manner as that member took up office except on termination of Council membership under section 9 (1) of an ex officio member serving under section 4 (1)-(5) or (12)-(15), when the vacancy shall be filled in accordance with section 10.
(6) A person who is elected or nominated to fill a vacancy under sub-section (2) above shall be eligible to serve as an elected or external member of Council after the expiry of the period referred to in sub-section (2) for a period of four years and shall be eligible to serve for a second consecutive period of four years.
9. (1) Membership of Council shall terminate:
(a) automatically on disqualification from acting as a Trustee by virtue of section 178 of the Charities Act 2011 or any statutory re-enactment or modification of that provision;
(b) for good cause, defined as behaviour incompatible with the member's duties as a Trustee of the University;
(c) automatically at the close of an academic year for absence without permission from a prescribed number of meetings in that year, as determined by regulation;
(d) automatically on a member elected under section 4 (16)-(26) ceasing to be a member of Congregation;
(e) automatically on an external member appointed under section 4 (7)-(11) becoming the resident holder of a teaching, research, or administrative post in the University or in any college, society, or Permanent Private Hall;
(f) automatically for an existing appointed, elected or co-opted member on taking office which entitles them to serve as an ex officio member of Council;
(g) in accordance with section 8 above on expiry of term;
(h) in accordance with section 11 below unless the Chancellor shall determine otherwise in an individual case;
(i) on acceptance by Council of the resignation of a member.
(2) The decision to remove a member under sub-section (1)(b) above shall only be made by unanimous ballot of all Council members entitled to vote (not including the member whose removal is the subject of the ballot) in accordance with a procedure laid down by Council by standing order.
10. (1) On termination of Council membership under section 9 (1) above of an ex officio member other than the Vice-Chancellor, the appropriate body shall appoint a replacement Council member who shall serve with voting rights but that appointment shall cease automatically on a new appointment to the underlying post;
(2) for the purposes of sub-section (1) above, the appropriate body shall be as follows:
(a) under section 4 (2), the Conference of Colleges;
(b) under section 4 (3)-(4), a substitute qualified under section 17 of Statute IX shall be appointed by the head of the college or society that elected the Proctor in question, or, if the head is absent or the headship is vacant, the viceregent;
(c) under section 4 (5), a substitute qualified under section 17 of Statute IX shall be appointed by the head of the college or society that elected the Assessor, or, if the head is absent or the headship is vacant, the viceregent;
(d) under section 4 (12)-(15), the relevant divisional board.
(3) On termination of Council membership under section 9 (1) above of the Vice-Chancellor, one of the Pro-Vice-Chancellors shall be appointed chair by the Chancellor or, in default of appointment by the Chancellor, by Council.
11. (1) No person appointed, elected, or serving as a member of Council while holding any academic post of the University or any other of the university or college posts specified in section 3 (6)-(9) of Statute IV shall continue to serve on Council after having retired from that post (or, in the case of a person retiring at different dates from those university and college posts previously held by them, after the date of the later of those retirements), unless the Chancellor shall otherwise determine in an individual case.
(2) No person who has previously retired from any of the university or college posts specified in section 3 (6)-(9) of Statute IV, and who does not continue to hold another such post, shall be appointed or elected a member of Council, unless the Chancellor shall otherwise determine in an individual case.
(3) No other person appointed, elected, or serving as a member of Council while not holding such a university or college post shall continue to serve on Council, and no such person shall be appointed or elected a member of Council, after the 30 September immediately preceding their 75th birthday, unless the Chancellor shall otherwise determine in an individual case.
12. (1) If at any time a vacancy arises through an appointing or electing body having failed to make an appointment or, in the case of an election, through insufficient nominations having been received by the due date or for any other reason, the Vice-Chancellor and Proctors shall appoint a person to the vacancy.
(2) This section shall apply to vacancies arising on termination of Council membership which in the opinion of Council have not been filled within a reasonable time by the appropriate body under section 10 (2)(b) and (3), such opinion to be determined by a two-thirds majority of those present and voting.
13. Council shall determine by regulation arrangements whereby three student members and a representative of the early career research staff shall be entitled to attend meetings of Council except for such matters of business as may be prescribed by regulation.
14. Any member of Council, and the chair or vice-chair of any committee of Council who is not a member of Council, may be relieved of such of their university duties, without loss of stipend, as Council shall determine; and Council shall be empowered to make such financial provision as it thinks fit for the carrying out of any of the duties of which such person has been relieved either by Council or by their college, society, or Permanent Private Hall.