Legal status and powers of the University

Legal status and powers of the University

Powers

Sheffield Hallam University is a higher education corporation (HEC) as defined under Sections 121 and 122 the Education Reform Act 1988. The powers of the HEC are defined in section 124 of the 1988 Act as amended by section 76 of the Further and Higher Education Act 1992. The powers defined in the 1988 Act include the power to provide further and higher education and to carry out research and to publish the results of such research. The additional power defined in the 1992 Act is the power to award degrees.

Recognised Body

Statutory Instrument 2007 No. 2688 The Education (Recognised Bodies) (England) Order 2007

This Order lists all those bodies which appear to the Secretary of State to be recognised bodies within section 214(2)(a) or (b) of the Education Reform Act 1988. These are universities, colleges or other bodies which are authorised by Royal Charter or by or under Act of Parliament to grant degrees and other bodies for the time being permitted by these bodies to act on their behalf in the granting of degrees. This list includes Sheffield Hallam University.

Charitable Status

Schedule 12 of the Education Reform Act 1988

'Section 64 -(1) Subject to sub-paragraph (2) below, a higher education corporation and any successor company to a higher education company (within the meaning of section 129(5) of this Act) shall be an exempt charity for the purposes of the Charities Act 1960.

(2) Sub-paragraph (1) above shall only apply in relation to any such successor company at a time when any institution conducted by the company is for the time being designated under section 129 of this Act'.

Instrument and Articles of Government

The Instrument outlines the membership and size of the Board of Governors and the appointment and tenure of governors and permits the establishment of Board officers and committees.

The Articles are more wide ranging. They outline the responsibilities of the Board of Governors, the Vice-Chancellor and the Academic Board, and the composition of the Academic Board. In addition, they cover various other matters such as the delegation of Board functions and procedures for its meetings, the powers and responsibilities of the Board and the Vice Chancellor with regard to the suspension and dismissal of staff, and Board responsibilities for students.

November 2007