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University of the South Pacific Act

LAWS OF FIJI

[1978 Edition]

CHAPTER 266

UNIVERSITY OF THE SOUTH PACIFIC

______________________

CHARTER

At the Court at Buckingham Palace the 4th day of February, 1970

Present,

The Queen's Most Excellent Majesty in Council

WHEREAS there was this day read at the Board the Draft of a Charter for constituting a Body Corporate under the name and style of "The University of the South Pacific",

HER MAJESTY, having taken the said Draft into consideration, was pleased by and with the advice of Her Privy Council, to approve thereof, and to order, as it is hereby ordered, that the Right Honourable Michael Stewart, one of Her Majesty's Principal Secretaries of State do cause a Warrant to be prepared for Her Majesty's Royal Signature, for passing under the Great Seal a Charter in conformity with the said Draft which is hereunto annexed.

W.G. Agnew

ELIZABETH THE SECOND, by the Grace of God of the United Kingdom of Great Britain and Northern Ireland and of Our other Realms and Territories Queen, Head of the Commonwealth, Defender of the Faith:

TO ALL TO WHOM THESE PRESENTS SHALL COME, GREETING!

WHEREAS Our Principal Secretary of State for Foreign and Commonwealth Affairs has, on behalf of the Interim Council of the University of the South Pacific and in accordance with the wishes of the Governments of the British Solomon Islands, Fiji and the Gilbert and Ellice Islands and after consulting Our High Commissioner for the Western Pacific as regards the interests of the people of the New Hebrides, represented unto Us that it is expedient that We should constitute and found a University of the South Pacific for the maintenance, advancement and dissemination of knowledge by teaching, consultancy and research and otherwise and for the provision at appropriate levels of education and training responsive to the well-being and needs of the communities of the South Pacific and should grant a Charter with such provisions in that behalf as shall seem to Us right and suitable:

And whereas the Governments of the Cook Islands, the Republic of Nauru, Niue, the Tokelau Islands, the Kingdom of Tonga and the Independent State of Western Samoa have also expressed the wish that such a University should be established:

Now therefore know ye that We by virtue of Our Prerogative Royal in respect of Fiji and of Our especial grace, certain knowledge and mere motion have willed and ordained and by these Presents do for Us, Our Heirs and Successors will and ordain as follows:-

1. There shall be and is hereby constituted and founded for the communities of the South Pacific a University in Fiji with the name and style of the "University of the South Pacific" (in this Our Charter referred to as "the University").

2. The Chancellor, the Pro-Chancellor, the Vice-Chancellor and all other persons who are for the time being members of the University pursuant to this Our Charter and the Statutes of the University are hereby constituted and henceforth for ever shall be one Body Politic and Corporate with perpetual succession and a Common Seal by the name and style of "The University of the South Pacific" with power and capacity in that name to sue and be sued, to take, purchase, hold, charge, sell, exchange, demise or otherwise dispose of real and personal property, to invest, lend or borrow money, and, subject to this Our Charter, to perform such other acts as by law Bodies Corporate that are created by Charter may do; and the University shall have the constitution and powers and be subject to the provisions in this Our Charter prescribed or contained.

3. The objects of the University shall be the maintenance, advancement and dissemination of knowledge by teaching, consultancy and research and otherwise and the provision at appropriate levels of education and training responsive to the well-being and needs of the communities of the South Pacific.

4. The University shall, subject to this Our Charter and the Statutes, have the following powers:-

(a) To institute Professorships, Readerships and Lectureships and other offices of any kind and whether academic or not as the University may consider appropriate; to appoint persons to and to remove them from such offices and to prescribe their conditions of service.

(b) To accord the status of members of the academic staff of the University to such persons for such purposes and periods as the University from time to time determine.

(c) To prescribe in the Statutes, Ordinances or Regulations the conditions under which persons and categories of persons shall be admitted to the University for the purpose of pursuing any programme or course of study therein.

(d) To provide through programmes and course of study and otherwise instruction and training at such levels and by such means, including extramural tuition, as the University may think fit, and to make provision for consultancy and research and for the maintenance, advancement and dissemination of knowledge in such manner as the University may determine.

(e) To institute awards such as Fellowships, Scholarships, Bursaries, Studentships, Prizes and other aids to study and research.

(f) To accept examinations passed and periods of study spent at other universities and other institutions or bodies as equivalent to such examinations and periods of study in the University as the University may determine and to revoke such acceptance at any time

(g) To grant and confer, under conditions laid down in the Statutes, Ordinances or Regulations, Degrees, Diplomas, Certificates other distinctions or awards to and on persons who have pursued a programme or course of study approved by the University, and have qualified for such grant in accordance with the requirements of the University.

(h) To confer distinctions including Honorary Degrees on approved persons: provided that all such distinctions shall be conferred subject to any provisions which are or may be made in reference thereto in the Statutes, Ordinances or Regulations.

(i) On what the University shall consider to be good cause, to deprive persons of or revoke any Degrees, Diplomas, Certificates or other distinctions or awards granted or conferred by the University.

(j) To make provision for research, design, development, testing and advisory services and, with these objects, to enter into such arrangements with other institutions or bodies as the University may consider desirable and to charge to the users of those services such fees as the University may consider appropriate.

(k) To provide for the discipline of the students of the University.

(l) For the better provision of education, training, consultancy and research for the communities of the South Pacific, to affiliate, associate with or co-operate with other institutions or bodies, to appoint one or more representatives thereto, to recognise selected members of the staffs as members of the academic staff of the University, to admit elected members thereof to any of the privileges of the University, and to accept attendance at courses of study therein for the purposes of programmes and courses of study in the University (in all cases upon such terms and conditions as the University may from time to time determine); and to revoke or terminate at any time any such affiliation, association, co-operation, appointment, recognition, admission or acceptance.

(m) To enter into any agreement for the incorporation in the University of any other institution or body and for taking over the rights, properties, liabilities and engagements thereof.

(n) To provide for such printing and publication as the University may consider appropriate to the furtherance of its objects.

(o) To determine, demand and receive fees.

(p) To provide buildings, to maintain, manage, deal with, dispose of and, subject to this Our Charter and the, Statutes, to invest all the property, money, assets and rights of the University and to enter into engagements and to accept obligations and liabilities in all respects without any restriction whatsoever and in the same manner as an individual may manage his own affairs.

(q) To establish and maintain and to administer and govern institutions, for the residence of students and to license and supervise such institutions and other places of residence whether or not maintained by the University.

(r) To raise money and procure contributions to the funds of the University in such manner and for such purposes as the University may from time to time think fit.

(s) To act as trustee or manager of any property, legacy, endowment, bequest or gift held in furtherance of the objects of the University; and to invest any funds representing the same in accordance with the Statutes.

(t) To give guarantees for the payment of any sum or sums of money or the performance of any contract or obligation by any company, body, society or person if the University considers it to be expedient and consistent with its objects to do so.

(u) To provide for reward or otherwise, to the extent that the University may consider expedient and consistent with its objects, goods and services (including, without limiting the generality of the foregoing residential accommodation) for members of the University and their families, guests and servants and, where appropriate, for members of the public.

(v) To pay travelling allowances and expenses to the Chancellor and to any member of the Council or the Senate or any committee of the Council or the Senate in respect of any travel arising out of and in the course of the exercise of his powers or the performance of his functions as Chancellor or member as aforesaid.

(w) To enter into contracts of insurance insuring the Chancellor and any member of the Council or the Senate or any committee of the Council or the Senate against loss from personal accident arising out of and in the course of the exercise of his powers or the performance of his duties and functions as Chancellor or member as aforesaid, and to pay the premiums payable in respect of those contracts.

(x) As appropriate, to continue and expand the work and activities hitherto carried on by the Interim Council of the University of the South Pacific.

(y) To take over from the Interim Council of the University of Pacific its rights, properties, liabilities and engagements.

(z) To do all such other acts and things whether incidental to the powers aforesaid or not as the University may consider to be necessary or expedient in order to further its objects.

5. There shall be a Chancellor of the University who shall be the titular Head of the University.

6. There shall be a Pro-Chancellor of the University, who shall be Chairman of the Council and preside over its meetings. In the absence of the Chancellor or during a vacancy in the office of Chancellor, the Pro-Chancellor shall exercise and perform, subject to the Statutes, all the functions of the Chancellor except that of conferring Degrees.

7. There shall be a Vice-Chancellor of the University, who shall be the chief academic and administrative Officer of the University and preside over meetings of the Senate, and who shall, in the absence of the Chancellor or during a vacancy in the office of Chancellor, confer Degrees.

8. There shall be a Deputy Vice-Chancellor of the University who shall, subject to the Statutes, exercise and perform such of the powers, duties and functions of the Vice-Chancellor as the Vice-Chancellor or, if the Vice-Chancellor should be incapacitated, the Council may delegate to him.

9. There shall be a Registrar of the University who shall be responsible, under the direction of the Vice-Chancellor, for the administration of the University or such aspects of that administration as the Council may from time to time determine.

10. There shall be such other officers of the University as the Council may from time to time determine.

11. The First Chancellor, Pro-Chancellor, Vice-Chancellor and Registrar shall be the persons named in the First Schedule to this Our Charter.

12. There shall be a Court of Convocation of the University. The membership and powers of the Court of Convocation shall be defined in the Statutes and Ordinances.

13. There shall be a Council of the University (in this Our Charter referred to as "the Council") which, subject to this Our Charter and the Statutes, shall be the executive governing body of the University. The Council shall have the custody and use of the Common Seal and shall be responsible for the management and administration of the revenue and property of the University. Subject to the powers, duties and functions of the Senate as provided in this Our Charter and the Statutes, the Council shall have general control over the conduct of the affairs of the University, and may exercise on behalf of the University all powers conferred on the University by this Our Charter, and shall have all such other powers, duties and functions as may be conferred upon it by the Statutes.

14. There shall be a Senate of the University (in this Our Charter referred to as "the Senate") which, subject to the powers, duties and functions of the Council as provided in this Our Charter and the Statutes, shall be responsible for the teaching, research and other academic work of the University and for the regulation and superintendence of the education, training and discipline of the students of the University.

15.-(1) Subject to this Our Charter and the Statutes, there shall be constituted such other institutions or bodies and such committees as the Council and the Senate or either of them may from time to time consider necessary or expedient for the administration of the affairs of the University.

(2) Subject as aforesaid, the Council and the Senate may delegate to an agent (as hereinafter defined) any of its powers, duties and functions, including powers, duties and function which it has by delegation from any other institution, body or person; and the agent may, without confirmation by the Council or the Senate, exercise those powers or perform those duties or functions in like manner and with the same effect as the Council or the Senate could itself have exercised or performed them: provided that an agent of the Council shall report to the Council on the exercise of any power or the performance of any duty or function which has been delegation by the Council to that agent under this paragraph. For the purposes of this paragraph an agent may be any one or more of the following, namely: any institution, body or committee constituted under paragraph (1) of this Article, the Senate or any person.

(3) Every delegation made under paragraph (2) of this Article shall be revocable at will, and no such delegation shall prevent the exercise of any power or the performance of any duty or function by the Council or the Senate.

(4) Unless and until any such delegation is revoked, it shall continue in force according to its tenor.

16.-(1) There shall be an organisation of the students of the University.

(2) The University shall in no way be liable for the debts, liabilities and other obligations incurred or for any act done or omitted to be done by such organisation of the students.

17. Subject to this Our Charter, the Statutes may prescribe or regulate as the case may be:-

(a) The status, appointment and continuance in office of the Chancellor, Pro-Chancellor, Vice-Chancellor, Deputy Vice-Chancellor, Registrar and other officers of the University.

(b) The constitution, powers, duties and functions (as the case may be) of the Council and the Senate.

(c) All such other matters as the Council may think fit and meet with respect to or for the governing of the University, its members and constituent parts or otherwise for the promotion of the objects of this Our Charter.

18.-(1) The Statutes set out in the Second Schedule to this Our Charter shall be the first Statutes of the University and shall remain in force except insofar as they are added to, amended or repealed in the manner prescribed in paragraph (2) of this Article.

(2) The Council may by Special Resolution make Statutes which may add to, amend or repeal the Statutes for the time being in force: provided that no such Statutes shall have effect until approved by the Lords of Our Most Honourable Privy Council, of which approval a Certificate under the hand of the Clerk of Our said Privy Council shall be conclusive evidence.

19. Subject to this Our Charter and the Statutes, the Council may make Ordinances and the Senate may make Regulations to direct and regulate the University and its authorities and members. The power to make Ordinances and Regulations shall include the power to add to, amend or repeal any Ordinances and Regulations theretofore made.

20. The Statutes may direct that any of the matters authorised or directed in this Our Charter to be prescribed or regulated by Statute shall be further prescribed or regulated by Ordinance or Regulation: provided that any such further prescription or regulation shall not be repugnant to this Our Charter or the Statutes.

21.-(1) It shall be the duty of the Council to refer to the Senate any matter which the Council considers to have academic implications and which has not been previously considered by the Senate or which, in the opinion of the Council, ought to be dealt with by the Senate.

(2) It shall be the duty of the Senate to bring before the Council any matters coming before the Senate which the Senate considers to have financial implications or in any way to affect the general well-being of the University or its relationship with persons or bodies outside the University.

22. No religious, ethnic or political test shall be imposed upon any person in order to entitle him to be admitted as a member, professor, teacher or student of the University or to hold office therein, or to graduate thereat or to hold any advantage or privilege thereof.

23. Men and women shall be equally eligible for any office or appointment in the University or for membership of any institution, body or committee of the University, and all Degrees, Diplomas, Certificates and other distinctions or awards and all programmes and courses of study in the University shall be open to men and women alike.

24. The University shall not make any dividend, gift, division or bonus in money unto or between any of its members except by way of prize, award or special grant.

25.-(1) The Council may at any time add to, amend or repeal this Our Charter by a Special Resolution and such addition, amendment or repeal shall, when allowed by Us, Our Heirs or Successors in Council, become effectual so that this Our Charter shall thenceforth continue and operate as so added to, amended or repealed in manner aforesaid.

(2) This Article shall apply to this Our Charter as added to, amended or repealed in manner aforesaid.

26.-(1) For the purpose of this Our Charter, a "Special Resolution" means a Resolution passed at one meeting of the Council by a majority of not less than three-fourths of those present and voting, of which meeting notice has been given to each member of the Council not less than fourteen days before the meeting is held, and confirmed by a Resolution passed by a like majority at the next subsequent meeting of the Council of which meeting like notice has been given and which is held not less than one calendar month after the former meeting.

(2) Except in the case of the Resolution required to be passed at the first of the two meetings referred to in paragraph (1) of this Article, a Resolution shall be deemed to have been passed at a meeting of the Council if it is passed without a meeting in accordance with a procedure to be prescribed by the Statutes under which the Resolution is circulated to all members for the time being of the Council and approved by the signature of not less than three-fourths of those members including such number of members from countries in the South Pacific other than Fiji as is specified in the said Statutes: provided that any member of the Council may by notice to the University require that the Resolution be not passed except at a meeting of the Council.

27. We reserve unto Ourself, Our Heirs and Successors, the right, on representation from the Council made in pursuance of a resolution passed by a simple majority of the members of the Council present and voting, to appoint by Order in Council a Visitor of the University for such period and with such duties as We, Our Heirs and Successors, shall see fit and his decision on matters within his jurisdiction shall be final.

28. Our Royal Will and Pleasure is that this Our Charter shall ever be construed benevolently and in every case most favourably to the University and the promotion of the objects of this Our Charter.

In Witness whereof We have caused these Our Letters to be made Patent.
Witness Ourself at Westminster the tenth day of February in the nineteenth year of Our Reign.

DOBSON

BY WARRANT UNDER THE QUEEN'S SIGN MANUAL

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THE FIRST SCHEDULE

FIRST OFFICERS OF THE UNIVERSITY

Chancellor: His Majesty King Taufa'ahau Tupou IV, K.C.M.G., K.B.E., B.A. (Syd.), LL.B. (Syd.), of Tonga.

Pro-Chancellor: Masiofo Fetauimalemau Mata'afa.

Vice-Chancellor: Colin Campbell Aikman, Esq., LL.M. (N.Z.), Ph.D. (Lond.).

Registrar: Stephen Finch Perrott, Esquire, B.A. (N.Z.).

__________________

THE SECOND SCHEDULE

STATUTES OF THE UNIVERSITY

Definitions

1.-(1) In these Statutes, unless the context otherwise requires:

"The University" means the University of the South Pacific.

"The Charter" means the Charter of the University.

"The appointed day" means the date upon which the Charter becomes of force and effect.

"The Council" means the Council of the University.

"The Executive Committee" means the Executive Committee of the Council.

"The Senate" means the Senate of the University.

"The Court of Convocation" or "The Court" means the Court of Convocation of the University.

"The academic staff" means the Professors, Librarians, Readers and Lecturers of the University; and includes such other persons and categories of persons as the Council, on the recommendation of the Senate, shall determine.

"Ordinances" means Ordinances made pursuant to the Charter and Statutes,

"Regulations" means Regulations made pursuant to the Charter and Statutes.

"The Students' Association" means the Students' Association of the University or such other organisation of the students of the University as is recognised by the Council and the Senate for the purpose of these Statutes.

"Year" means a calendar year.

(2) Words importing the masculine shall include the feminine, words in the singular shall include the plural and, unless the context otherwise requires, words in the plural shall include the singular.

(3) Words defined in the Charter or these Statutes shall have the same meaning in the Ordinances and Regulations unless the context otherwise requires.

The Members of the University

2.-(1) The following persons shall be members of the University:

These officers of the University, namely:-

The Chancellor, the Pro-Chancellor, the Vice-Chancellor, the Deputy Vice-Chancellor and the Registrar.

The Members of the Council.

The Members of the Senate.

The Members of the academic staff.

Such administrative and library officers as the Council may determine on the recommendation of the Senate.

The Graduates of the University.

The holders of such Diplomas granted by the University as the Council, after consultation with the Senate, shall approve for the purposes of this paragraph.

The Students of the University.

(2) The Council, after consultation with the Senate, shall have power to declare such other persons and categories of persons members of the University as Council may think fit.

The Chancellor

3.-(1) The first Chancellor shall hold office from the appointed day until the thirtieth day of June 1973 or until earlier resignation.

(2) The successors to the first Chancellor shall be appointed by the Council, after consultation with the Senate, and shall hold office for a term of three years or until earlier resignation:

(3) The Chancellor shall be eligible for re-appointment after the lapse of three years from the date on which he ceased to hold office.

(4) If the office of Chancellor becomes vacant, by death or resignation or from any other cause, before the expiration of his term of office, the vacancy shall be filled at the next meeting of the Council or at any subsequent meeting. Notwithstanding paragraph (2) of this Statute, the person so appointed shall hold office until the thirtieth day of June immediately following the lapse of a period of three years from the date on which the Council made the appointment or until earlier resignation.

(5) The Chancellor may resign by writing addressed to the Council.

The Pro-Chancellor

4.-(1) The first Pro-Chancellor shall hold office from the appointed day until the thirtieth day of June 1973 or until earlier resignation, and shall be eligible for re-appointment. The Pro-Chancellor shall be the Chairman of the Council.

(2) The successors to the first Pro-Chancellor shall be appointed by the Council and shall hold office for a term of three years or until earlier resignation, and shall be eligible for re-appointment: provided that the Council may, on the appointment or re-appointment of any Pro-Chancellor, specify that his term of office shall be shorter than the said period of three years: provided also that, upon any person, including the first Pro-Chancellor, completing two consecutive terms as Pro-Chancellor (not including a term for which he has been appointed under paragraph (4) of this Statute) he shall not be eligible for re-appointment until after lapse of a period of three years from the date on which he ceased to hold office as Pro-Chancellor.

(3) If a person who is not a member of the Council is appointed to be the Pro-Chancellor, he shall on appointment become a member of the Council ex-officio.

(4) If the office of Pro-Chancellor becomes vacant, by death or resignation or from any other cause, before the expiration of his term of office, the vacancy shall be filled at the next meeting of the Council or at any subsequent meeting for the remainder of that term.

(5) The Pro-Chancellor may resign by writing addressed to the Council.

The Vice-Chancellor

5.-(1) The first Vice-Chancellor shall hold office from the appointed day.

(2) The Vice-Chancellor shall hold office for such period and under such terms and conditions as may from time to time be determined by the Council.

(3) The successors to the first Vice-Chancellor shall be appointed by the Council in each case on the recommendation of a Joint Committee of the Council and the Senate to be established by the Council.

(4) The Vice-Chancellor shall have a general responsibility to the Council for maintaining and promoting the efficiency and good order of the University. He shall make a report annually to the Council on the working of the University.

(5) The Vice-Chancellor may without assigning any reason refuse to admit any person as a student of the University.

(6) Subject to these Statutes and any Ordinances and Regulations made thereunder, the Vice-Chancellor may without assigning any reason:-

(a) suspend any person from any programme or course of study or from the use of any facilities, teaching materials or services;

(b) exclude or authorise the exclusion of any person from any part of the University or premises in use by it.

The Vice-Chancellor shall report any such suspension or exclusion to the Senate at its next meeting which shall then consider the matter in relation to the Ordinances required under paragraph (1) (xxi) of Statute 17.

(7) The Vice-Chancellor may resign by writing addressed to the Council.

The Deputy Vice-Chancellor

6.-(1) The Deputy Vice-Chancellor shall be appointed by the Council after consultation with the Senate from among the academic staff.

(2) The Deputy Vice-Chancellor shall hold office for such period, not exceeding three years, as the Council shall determine at the time the appointment is made, and shall be eligible for re-appointment.

(3) The Deputy Vice-Chancellor may resign by writing addressed to the Council.

The Registrar

7.-(1) The first Registrar shall hold office from the appointed day.

(2) The Registrar shall hold office for such period and upon such terms and conditions as may from time to time be determined by the Council.

(3) The successors to the first Registrar shall be appointed by the Council after consultation with the Senate.

(4) The Registrar shall act as Secretary of the Council and the Senate and shall, under the direction of the Vice-Chancellor, be responsible for the administration of the University or such aspects of that administration as the Council may from time to time determine.

Other Officers

8. The Council may appoint such other officers as it may think with such duties, at such remuneration and upon such terms and conditions as the Council may think fit.

The Auditor or Auditors

9.-(1) The Council shall appoint one or more persons as Auditor or Auditors who shall hold office for such period and at such remuneration as the Council shall determine.

(2) No person shall be appointed Auditor:-

(a) who is or any of whose partners is a member of the Council or staff of the University; or

(b) who is not a qualified Accountant or an Auditor of high standing and in the active practice of his profession.

(3) An Auditor shall be eligible for re-appointment.

(4) Each Auditor shall have the right of access at all reasonable times to such books, records, accounts and vouchers of the University and shall be entitled to require from the officers of the University such information and explanations as may be necessary for the performance of his duties.

(5) If the office of any Auditor becomes vacant, by death or resignation or from any other cause, before the expiration of his term of office, the Council shall fill the vacancy as soon as practicable thereafter.

(6) The Auditor may resign by writing addressed to the Council.

The Court of Convocation

10.-(1) The Court of Convocation shall consist of:-

(a) Every person who is a Graduate of the University.

(b) Every other person who is the holder of a Diploma or Certificate granted by the University, being a Diploma or Certificate approved for the purposes of this paragraph by the Council after consultation with the Senate.

(c) Such other persons and categories of persons, which may include persons and categories of persons who are not Graduates of the University or of any other University, as the Council, after consultation with the Senate, may determine.

(2) The Registrar of the University shall be the Registrar of the Court of Convocation and shall keep a Register containing the names of all persons who are members of the Court. The Council shall prescribe by Ordinance conditions for entry upon and removal from the Register and the annual or other fee or composition therefor which shall be required for registration of members of the Court. The Register shall be conclusive proof that any person whose name appears at the time of claiming to vote in the Court or in any election by the Court is entitled to vote and that any person whose name does not appear therein is not so entitled.

(3) The Court of Convocation shall have the following powers:-

(a) To elect members of the Council under paragraph (1) (c) (i) of Statute 11.

(b) To appoint a Chairman.

(c) To make rules for the conduct of its business.

(d) On its own motion, or at the request of the Council, to discuss and pronounce an opinion on any matter pertinent to the University and its affairs.

(e) To address questions to the Council on any matter pertinent to the University and its affairs.

(4) The first meeting of the Court of Convocation shall be convened by the Council at any time when the Council thinks fit, or when twenty or more members of the Court by writing under their hands require that such meeting shall be convened. Any subsequent meetings shall be convened in accordance with rules of the Court or, in the absence of such rules, by the Council as it shall determine.

The Council

(1) The Council shall consist of the following persons, namely:

(a) Ex-officio Members, being-

(i) The Pro-Chancellor.

(ii) The Vice-Chancellor.

(iii) The Deputy Vice-Chancellor.

(b) Appointed Members, being-

(i) One person to be appointed by the Government of the Commonwealth of Australia.

(ii) One person to be appointed by the Government of the British Solomon Islands.

(iii) One person to be appointed by the Government of the Cook Islands.

(iv) Five persons to be appointed by the Government of Fiji.

(v) One person to be appointed by the Government of the Gilbert and Ellice Islands.

(vi) One person to be appointed by the Government of the Republic of Nauru.

(vii) One person to be appointed by the British Resident Commissioner in the New Hebrides.

(viii) One person to be appointed by the Government of New Zealand.

(ix) One person to be to be appointed by the Government of the Kingdom of Tonga.

(x) One person to be appointed by the Lords of Her Majesty's Most Honourable Privy Council.

(xi) Two persons to be appointed by the Government of the Independent State of Western Samoa.

(xii) One person to be appointed by the South Pacific Commission.

(xiii) One person to be appointed by the Oversee Liaison Committee of the American Council of Education.

(xiv) One person to be appointed by the Inter-University Council for Higher Education Overseas of the United Kingdom.

(xv) One or more persons, as may be determined by the Council after consultation with the Senate, from each institution or body affiliated to, associated with or co-operating with the University and approved for the purposes of this paragraph by the Council after consultation with the Senate, to be appointed in each case by the Governing Body of that institution or body, from persons who shall not include any member of that Governing Body appointed thereto by the University.

(xvi) Such number of persons, not exceeding six, as is determined from time to time by the Council after consultation with the Senate, to be appointed by the Senate from its professorial members: provided that not more than four members shall be appointed under this paragraph unless and until the Council, after consultation with the Senate, considers that an additional appointment is necessary to obtain desirable balances in the membership of the Council.

(c) Elected Members, being-

(i) Three persons, at least one of whom shall be from a country in the South Pacific other than Fiji, who shall be elected by members of the Court of Convocation in accordance with an Ordinance to be made by the Council: provided that no person who is a full-time member of the staff of the University, as defined by Ordinance, or a registered student of the University shall be eligible to be elected under this paragraph.

(ii) Two persons, being members of the Senate who are not Professors, to be elected by the academic staff other than the Professors.

(iii) Two persons, each of whom shall be at the time of his election a registered student of the University, to be elected by the Executive of the Students' Association: provided that the Council, after consultation with the Senate, may authorise the election of an additional person, who shall be at the time of his election a student of the University or of an institution or body affiliated to, associated with or co-operating with the University, to be elected in such manner as the Council shall determine. Every election as aforesaid shall be conducted in accordance with procedures to be determined by the Council.

(d) Co-opted Members, being such number of persons, not exceeding seven, as is determined from time to time by the Council after consultation with the Senate, to be co-opted by the Council. In co-opting members under this paragraph the Council shall have regard to the desirability of including in the membership of the Council persons from the South Pacific with experience in agriculture, commerce, industry, the professions or religion.

(2) Ex-officio members of the Council shall hold office for so long as they continue to occupy the positions by virtue of which they became members.

(3) Members of the Council appointed under paragraph (1) (b) or elected paragraph (1) (c) (i) of this Statute shall hold office for a term of three years.

(4) Members of the Council elected under paragraph (1) (c) (ii) or (1) (c) (iii) of this Statute shall hold office for a term of two years: provided that a member of the Council elected under paragraph (1) (c) (iii) shall cease to be a member if he ceases to be a student otherwise than by becoming eligible for a grant of a Degree, Diploma, Certificate or other distinction or award of the University.

(5) Members of the Council co-opted by the Council under paragraph (1) (d) of this Statute shall hold office for such term, not exceeding three years, as the Council shall determine in each case at the time the co-option is made: provided that no co-opted member may serve for a continuous period exceeding nine years.

(6) The term of office of members of the Council, other than ex-officio members, shall commence or shall be deemed to have commenced on the first day of July in the year in which they are appointed, elected or co-opted.

The Vice-Chairman of the Council

12. The Council may appoint from among its own members a Vice-Chairman not being a member of the academic staff or a salaried officer of the University. He shall preside at the meetings of the Council in the absence of the Pro-Chancellor. He shall hold office for a term of three years, but he shall vacate office if he ceases to be a member of the Council. The Vice-Chairman shall be eligible for re-appointment.

Powers of the Council

13.-(1) Subject to the Charter and these Statutes, the Council shall, in addition to all other powers vested in it, have the following powers, duties and functions:-

(i) To appoint the Pro-Chancellor and to appoint the Vice-Chairman of the Council.

(ii) After consultation with the Senate, to appoint the Chancellor.

(iii) On the recommendation of a Joint Committee of the Council and the Senate, to appoint the Vice-Chancellor.

(iv) After consultation with the Senate, to appoint the Deputy Vice-Chancellor.

(v) To co-opt members of the Council under paragraph 1 (d) of Statute 11.

(vi) To make Statutes.

(vii) On the recommendation of the Senate to authorise the creation of academic posts in the University.

(viii) On the recommendation of the Senate, to suspend or abolish any academic post except any post created by these Statutes.

(ix) After consultation with the Senate, to determine the salary structure applicable to the academic staff and their other conditions of service.

(x) On the recommendation of the Senate, to approve the procedures for the appointment of members of the academic staff and, on the like recommendation, to appoint members of that staff.

(xi) To determine the salary structure applicable to the staff of the University, other than the academic staff, and their other conditions of service.

(xii) To approve procedures for the appointment of members of the staff of the University, other than the academic staff, and to appoint members of that staff.

(xiii) To provide for the welfare of all persons in the employment of the University or formerly in the employment of the University or of the Interim Council of the University of the South Pacific and the dependants of such persons.

(xiv) To make such provision as the Council thinks fit for the schemes of insurance, superannuation, pensions or retirement benefits for all persons in the employment of the University and their dependants.

(xv) On the recommendation of the Senate, to establish or discontinue any School, institution or body of the University.

(xvi) On the recommendation of the Senate, to institute Degrees, Diplomas, Certificates and other distinctions or awards.

(xvii) To comment or make recommendations on any Regulations relating to any programme or course of study submitted by the Senate to the Council.

(xviii) On the recommendation of the Senate, to institute or accept awards such as Fellowships, Scholarships, Bursaries, Student-ships, Prizes and other aids to study and research.

(xix) On the recommendation of the Senate, to provide as appropriate for the personal development and well-being of the students.

(xx) To review the work of the University, including its extramural activities, and subject to the powers, duties and functions of the Senate, to take such steps as it considers appropriate for promoting the objects of the University and maintaining its efficiency.

(xxi) After consultation with the Senate, to determine the terms and conditions under which any institution or body may affiliate to the University or the terms and conditions of any association or co-operation between the University and any institution or body, or, after the like consultation, to enter into any agreement for the incorporation in the University of any institution or body.

(xxii)To foster close associations with educational, commercial, professional, research and other appropriate organisations.

(xxiii) After consultation with the Senate, to determine all University fees.

(xxiv) With the concurrence of the Senate, to revoke, for what the Council shall consider to be good cause, any Degree, Diploma, Certificate or other distinction or award conferred by the University and entitling the holder thereof to be a member of the University.

(xxv) To require the preparation and periodic revision of plans for the academic and physical development of the University to enable it to meet the objects for which it is established.

(xxvi) To provide and maintain the buildings, premises, furniture, apparatus, services and other means needed for carrying on the work of the University.

(xxvii) To govern, manage and regulate the finances, accounts, investments, property, business and all affairs whatsoever of the University, and for that purpose to appoint Bankers and other officers or agents whom it may consider expedient to appoint.

(xxviii) To invest any moneys belonging to the University in such stocks, funds, fully paid shares or securities as the Council shall from time to time think fit or in the purchase of freehold or leasehold property; provided that, in the case of moneys held by the University as trustee, the powers conferred by this paragraph shall be exercised subject to the provisions of any law that may apply relating to investment by trustees.

(xxix) On behalf of the University, to acquire, buy, sell and exchange real and personal property, and to lease and accept leases thereof.

(xxx) To give guarantees for the payment of any sum or sums of money or the performance of any contract or obligation by any company, body, society or person as the Council shall think fit.

(xxxi) To borrow money on behalf of the University and for that purpose, if the Council thinks fit, to mortgage or charge all or any part of the property of the University, whether real or personal, and to give such other security as the Council shall think fit.

(xxxii) To enter into, vary, carry out or cancel contracts on behalf of the University.

(xxxiii) To select a Seal, Arms and Insignia for the University and to have the custody and use of the Seal.

(xxxiv) To prescribe forms of official and academic dress.

(xxxv) Generally to exercise all such powers, duties and functions as are or may be conferred on the Council by the Charter and these Statutes, including the power to make Ordinances in the exercise of the powers, duties and functions expressly set out in this Statute and of all other powers, duties and functions vested in the Council.

(2) In all the foregoing, before determining any question which the Council considers to have academic implications and which has not been previously considered by the Senate, the Council shall ask the Senate for a recommendation or report thereon and shall take into account any such recommendation or report.

Committees of the Council

14.-(1) The Council shall establish an Executive Committee of the Council which may act for the Council between its meetings in such matters as may be referred to it under paragraph (4) of this Statute or delegated to it under paragraph (5) of this Statute: provided, that in establishing the Executive Committee, the Council shall ensure that its membership shall include not fewer than four members of the Council being members from countries in the South Pacific other than Fiji appointed under any of paragraphs (1) (b) (ii), (iii), (v), (vi), (vii), (ix), (xi) and (xv) of Statute 11 or elected under paragraph (1) (c) (i) of Statute 11 or co-opted under paragraph (1) (d) of Statute 11, in these Statutes hereinafter referred to as "Regional Members of the Council". A quorum for all meetings of the Executive Committee shall be such number of members as the Council shall from time to time determine, which number shall include not fewer than two Regional Members of the Council.

(2) The Council may from time to time establish such other standing or special committees as it may think fit.

(3) It shall not be necessary that any person appointed to be a member of any standing or special committee established under paragraph (2) of this Statute or to whom any delegation is made under paragraph (4) of this Statute shall be a member of the Council.

(4) The Council may delegate any of its powers, duties and functions, including any powers, duties and functions which it has by delegation from any other body or person, to the Executive Committee or to any other committee established under paragraph (2) of this Statute or to the Senate or to any person; and the Executive Committee, committee, Senate, or person may, without confirmation by the Council, exercise those powers or perform those duties or functions in like manner and with the same effect as the Council could its have exercised or performed them: provided that the Executive Committee, committee, Senate or person shall report to the Council on the exercise of any power and the performance of any duty or function which the Council has delegated thereto.

(5) Every such delegation shall be revocable at will, and no such delegation shall prevent the exercise of any power or the performance of any duty or function by the Council.

(6) Unless and until any such delegation is revoked, it shall continue in force according to its tenor.

(7) Unless otherwise specifically provided in these Statutes, the Pro-Chancellor and the Vice-Chancellor shall be ex-officio members of the Executive Committee and of all other committees of the Council. In the absence of the Pro-Chancellor or the Vice-Chancellor, the Vice-Chairman or the Deputy Vice-Chancellor respectively shall deputise for him on the Executive Committee and such other committees.

Meetings of the Council

15.-(1) The Council shall meet at least once each year. A special meeting may be convened at any time on the written request of the Pro-Chancellor or of fifteen members of the Council. A quorum for all meetings of the Council shall be fifteen members, of whom not fewer than four shall be Regional Members of the Council.

(2) At the discretion of the Pro-Chancellor (or the Vice-Chairman acting in his stead) and subject to the provisions of the Charter relating to Special Resolutions, anything that may be done by a Resolution passed at a meeting of the Council may be done by the Council without a meeting by means of a Resolution signed by the number of members of the Council specified in paragraph (3) of this Statute: provided that, subject to, the said paragraph (3), any member of the Council (or his duly authorised agent) may, by notice to the Registrar, require that any matter be deferred for consideration at the next meeting of the Executive Committee, in which event the matter shall be so deferred. The Executive Committee may determine the matter or refer it to the Council.

(3) For the purposes of paragraph (2) of this Statute, a Resolution shall be signed by all of the members of the Council: provided that it shall be sufficient if such a Resolution is signed by fifteen of those members, of whom not fewer than four shall be Regional Members of the Council, and if-

(a) a copy of the Resolution has been posted or delivered to every other member of the Council at his last known address; and

(b) each of those other members has failed within six weeks after the copy has been so posted or delivered to him, to sign the Resolution or to notify the Registrar that he requires the matter to be deferred for consideration at the next meeting of the Executive Committee.

(4) Every Resolution passed under paragraph (2) of this Statute shall be reported to the Council at its next meeting.

The Senate

16.-(1) The Senate shall consist of the following persons, namely:-

(a) Ex-officio members, being-

(i) The Vice-Chancellor.

(ii) The Deputy Vice-Chancellor.

(iii) The Professors.

(iv) The Librarian.

(v) The Dean of Preliminary Studies.

(b) Appointed members, being-

(i) The senior member of the academic staff of such disciplines or academic activities as the Council, on the recommendation of the Senate, may from time to time determine and in respect of which there is for the time being no professorial appointment, to be appointed by the Council.

(ii) Such other persons, from institutions and bodies affiliated to or otherwise associated with or co-operating with the University and represented on the Council of the University as shall be determined by the Council after consultation with the Senate, to be appointed by the Council.

(iii) Such other persons, not exceeding two, as shall from time to time be determined by the Council on the recommendation of the Senate, to be appointed by the Council.

(c) Elected members, being-

(i) Such number of members of the academic staff, (other than the ex-officio members of the Senate and any members appointed under paragraphs (1) (b) (ii) and (iii) of this Statute as are required to make the total number of members of the academic staff as aforesaid on the Senate the required proportion of the total membership of the Senate; and for the purposes of this paragraph the required proportion shall be such proportion being not less than one-fifth nor more than one-third, as may be determined from time to time by the Council after consultation with the Senate. The members to whom this paragraph applies shall be elected by the academic staff (other than the ex-officio members of the Senate and any members appointed under the said paragraphs (1) (b) (ii) and (iii) in accordance with procedures to be prescribed by the Council by Ordinance.

(ii) Such other persons and categories of persons (not being members of the academic staff and not exceeding one-sixth of the total membership of the Senate) as shall be determined by the Council from time to time after consultation with the Senate, to be elected in such manner and in accordance with such procedures as shall be prescribed by the Council by Ordinance.

(2) Ex-officio members of the Senate shall hold office for so long as they continue to occupy the positions by virtue of which they became members.

(3) A member of the Senate appointed under paragraph (1) (b) (i) of this Statute shall remain in office until the Council, having regard to the provisions of that paragraph, determines that his appointment shall cease or until a Professor is appointed in the relevant discipline or academic activity and takes up his appointment.

(4) Other appointed or elected members of the Senate shall hold office for a term of three years.

Powers of the Senate

17.-(1) The Senate shall be the academic authority of the University and shall subject to the powers, duties and functions referred to the Council by the Charter and these Statutes, take such measures and act in such a manner as shall appear to it best calculated to promote the teaching, consultancy, research and other academic work of the University. The Senate shall, subject to the Charter and these Statutes, in addition to all other powers vested in it, have the following powers, duties and functions:-

(i) To regulate and control all teaching programmes and courses of study and the conditions under which persons may qualify for the grant of the various Degrees, Diplomas, Certificates and other distinctions and awards of the University: provided that Regulations relating to any programme or course of study shall be referred to the Council for comment and that any comment or recommendation that the Council may make shall receive consideration by the Senate.

(ii) To recommend to the Council the institution of Degrees, Diplomas, Certificates and other distinctions and awards.

(iii) To regulate and control the admission of persons and categories of persons to the University for the purpose of pursuing any programmes or courses of study and to regulate and control their continuance in those programmes or courses of study.

(iv) Where examinations, tests or other methods of assessment are necessary under requirements prescribed by the Senate for the granting of Degrees, Diplomas, Certificates and other distinctions and awards, to regulate such examinations, tests and methods of assessment and to appoint examiners, assessors and moderators, whether internal or external.

(v) To accept examinations passed and periods of study spent at other Universities or other institutions or bodies as equivalent to such examinations and periods of study, in the University as the Senate may determine and to revoke such acceptance at any time.

(vi) To accept courses of study in any other institution or body, which in the opinion of the Senate possesses the means of affording the proper instruction for such course, as equivalent to such programmes or courses of study in the University as the Senate may determine.

(vii) To grant Degrees, Diplomas, Certificates and other distinctions and awards to persons who have pursued a course of study approved by the Senate and have qualified for such grant in terms of requirements prescribed by the Senate.

(viii) To grant distinctions including Honorary Degrees: provided that an Honorary Degree shall not be granted to any person except on the recommendation of a Joint Committee of the Senate and the .Council to be established by the Senate.

(ix) To determine what formalities shall attach to the conferment of Degrees, Diplomas, Certificates and other distinctions and awards.

(x) To regulate the use of academic dress in the University.

(xi) To recommend to the Council the terms and conditions under which any institution or body may affiliate to the University, the terms and conditions of any association or co-operation between the University and any institution or body, or the terms of any agreement for the incorporation in the University of any institution or body.

(xii) To recommend to the Council the institution or acceptance of awards such as Fellowships, Scholarships, Bursaries, Student-ships, Prizes and other aids to study and research.

(xiii) To be responsible for the general administration of the University library.

(xiv) To supervise the extramural activities of the University.

(xv) Annually to review, consequent upon any inquiry, which it may think fit to make, the academic organisation and development of the University, with special reference to the effectiveness of the work of the University in relation to its objects including that of providing at appropriate levels education and training responsive to the well-being and needs of the communities of the South Pacific; and, arising from such review, to take any action within its competence, includingreporting and making recommendations to the Council.

(xvi) Whether or not consequent upon the annual review of the academic organisation and development of the University, to recommend to the Council, the establishment or discontinuance of any School, institution or body of the University and the creation, suspension or abolition of any academic post.

(xvii) To review from time to time the duties of all members of the academic staff.

(xviii) To make recommendations to the Council on any matter pertinent to the University and its affairs.

(xvix) To recommend to the Council appropriate provision for the personal development and well-being of the students.

(xx) To take such steps as it thinks appropriate to advise and assist the Students' Association and other organisations of the students.

(xxi) To regulate the discipline of the University in accordance with Ordinances to be made by the Council on the recommendation of the Senate.

(xxii) Subject to an appeal to the Council, to expel any student guilty of grave misconduct after giving him an opportunity to appear personally and to be heard by a committee of the Senate to be established under the Ordinances made under paragraph (1) (xxi) of this Statute.

(xxiii) To propose to the Council new Statutes or Ordinances which it shall be the duty of the Council to consider.

(xxiv) To express an opinion on any matter pertinent to the University and its affairs.

(xxv) To appoint members of the Senate to be members of the Council under paragraph (1) (b) (xvi) of Statute 11.

(xxvi) Generally to exercise all such powers, duties and functions as are or may be conferred on the Senate by the Charter and these Statutes, including the power to make Regulations in the exercise of the powers, duties and functions hereinafter expressly set out in this Statute and of all other powers, duties and functions of the Senate.

(2) The quorum for all meetings of the Senate shall be five members or such greater number of members as the Senate may from time to time determine.

(3) The Senate may from time to time establish standing or special committees which may include persons who are not members of the Senate.

(4) The Senate may delegate any of its powers, duties and functions, including any powers, duties and functions which it has by delegation from the Council or any other body or person, to any committee established under paragraph (3) of this Statute or to any person; and the committee or person may, without confirmation by the Senate exercise those powers or perform those duties or functions in like manner and with the same effect as the Senate could itself have exercised or performed them: provided that the Council may prohibit, or impose conditions in respect of the delegation by the Senate of any power, duty or function that is the delegated to the Senate by the Council.

(5) Every such delegation shall be revocable at will, and no such delegation shall prevent the exercise of any power or the performance of any duty or function by the Senate.

(6) Unless and until any such delegation is revoked, it shall continue in force according to its tenor.

(7) Unless otherwise specifically provided in these Statutes, the Vice-Chancellor shall be ex-officio a member of all committees of the Senate. In the absence of the Vice-Chancellor, the Deputy Vice-Chancellor may deputise for him on such committees.

Schools

18. (1) There shall be Schools in the University. The first Schools shall be the School of Education, the School of Natural Resources and the School of Social and Economic Development.

(2) Subject to these Statutes, the Council on the recommendation of Senate shall appoint a member of the academic staff as the Head of each School for such term as the Council shall from time to time determine. The functions and duties of the Head of each School shall be as the Senate shall from time to time determine.

(3) The constitution of each School and its academic and administrative organisation shall be as the Senate shall from time to time determine.

Removal of Officers and Members

19.-(1) Any member of the Council (other than an ex-officio member) may be removed from office by the Council for good cause. No person shall be removed from office by the Council under this paragraph unless he has been given a reasonable opportunity of being heard by the Council.

(2) Subject to the terms and conditions of their appointments, the Pro-Vice-Chancellor, the Vice-Chancellor, the Deputy Vice-Chancellor, the Registrar, the members of the academic staff, and the holders of any other posts specified for this purpose by the Council from time to time, after consultation with the Senate, may be removed from office by the Council for good cause: provided that no such person shall be so removed from office except pursuant to the following procedure:- The Resolution for such removal shall have been passed by a majority of not less than three-quarters of those present and voting at a meeting attended by not less than three-quarters of the members. The Council may, and if so requested by the person concerned or by any three members of the Council shall, before coming to a final decision on a case before it under this paragraph, appoint a Joint Committee of the Council and the Senate to examine the case and report to the Council thereupon. No person shall be removed from office by the Council under this paragraph unless he shall have been given a reasonable opportunity to be heard by the Council, which opportunity shall include the right to be represented at such a hearing, to call and to question witnesses and to have reasons assign (if asked for) for any decision that maybe taken by the Council leading to his removal from office.

(3) No person may be removed from office under this Statute by a Resolution under paragraph (2) of Statute 15.

(4) "Good cause" when used in reference to removal from office means:-

(a) conviction of any offence which the Council considers to be such as to render the person concerned unfit for the execution of the duties of his office; or

(b) any physical or mental incapacity which the Council considers to be such as to render the person concerned unfit to continue to hold his office; or

(c) conduct of a nature which the Council considers to be such as to render the person concerned unfit to continue to hold his office; or

(d) conduct which the Council considers to be such as to constitute failure or inability of the person concerned to perform the duties of his office or to comply with the conditions of tenure of his office.

Retirement of Staff

20. The Council may, subject to consultation from time to time with the Senate and such other bodies as the Council may consider appropriate, determine the age at which members of the staff shall retire from office.

Procedure

21. The following provisions shall, except where other provision is expressly made in the Charter or these Statutes, apply to the Council, the Executive Committee, the Senate and any committee of either the Council or the Senate (which bodies are in this Statute called "the specified bodies") and each of them:-

(a) Any appointed, elected or co-opted member and the Chairman (other than an ex-officio Chairman) may resign his office.

(b) Any appointed, elected or co-opted member and the Chairman (other than an ex-officio Chairman) shall be eligible for re-appointment or re-election.

(c) Any appointed or elected member who is required by these Statutes to possess any qualification shall vacate his office if he ceases to possess that qualification.

(d) Every matter shall be determined by the majority of the members present and voting on the question. In case of equality of votes, the person presiding at the meeting shall have a casting vote, whether or not he has voted on the motion.

(e) Any of the specified bodies may determine the time and place of its meetings and the procedure to be followed thereat, and may make any Standing Orders for the purpose of regulating its procedure.

(f) Any casual vacancy occurring in any of the specified bodies by resignation, incapacity or death among its appointed or elected members or by the removal of any such member under Statute 19 or occurring under paragraph (g) of this Statute shall be filled as soon as practicable by the appointment or election of a member in the same manner as in the case of the member whose office has become vacant. A member of any of the specified bodies who is appointed or elected fill a casual vacancy shall hold office for the remainder of the term of the member whose office has become vacant.

(g) If any member of the Council appointed under any of paragraphs (1) (b) (ii), (iii), (v), (vi), (vii), (ix), and (xi) of Statute 11 becomes the Pro-Chancellor, a casual vacancy shall arise in respect of the office previously held by him.

(h) Notwithstanding anything to the contrary in these Statutes every appointed or elected member of the specified bodies shall, unless his office becomes vacant on any of the grounds specified in paragraph (f) or (g) of this Statute, continue to hold office until his successor takes office.

(i) The proceedings of any of the specified bodies shall not be invalidated by any vacancy in its number, by any defect in the appointment or qualification of any of its members or, in respect of the Senate, by the number of members required to be elected under paragraph (1) (c) (i) of Statute 16 not being for the time being in the proportion determined by the Council under that paragraph.

Service of Notices and Documents

22.-(1) Any notice or document required by or for the purpose of these Statutes to be given or sent to a member of the University may be given or sent either personally or by sending it by post to him at his address as entered in the records of the University: provided that Air Mail shall be used for any notice or document sent by post unless there is no advantage in so doing.

(2) Where a notice or document is sent by post, service thereof shall be deemed to have been properly effected by addressing and posting a letter containing the notice or document, and shall be deemed to have been effected at the time which the letter would in the ordinary course be delivered.

Interpretation of Statutes

23. These Statutes shall be interpreted in such manner as not to conflict with the Charter.

General Saving of Regulations, etc., of

The Interim Council of the University of the South Pacific

24. All Regulations, rulings and decisions, and all acts of authority of the Interim Council of the University of the South Pacific or of its Chairman or of any committee thereof or of the Vice-Chancellor Designate or of any officer appointed by the said Interim Council, so far as they were subsisting immediately before the appointed day and are applicable to any person or body connected or associated with the University, shall continue to apply to that person or body with full force and effect except so far as they are repealed, replaced or amended by the Charter or these Statutes or by appropriate acts of authority of the Council or the Senate of the University or of the Vice-Chancellor or of any officer thereof.

Saving for Temporary Provisions.

25. These Statutes shall take effect as from the appointed day subject to the temporary provisions set out in the Appendix hereto.

APPENDIX

Temporary Provisions

1. The first Chancellor, the first Pro-Chancellor, the first Vice-Chancellor and the first Registrar shall hold office from the appointed day.

2.-(1) The persons appointed before the appointed day by the Interim Council of the University of the South Pacific to be members of the academic and administrative staff of the University (including the first Vice-Chancellor and first Registrar) shall after the appointed day hold the same office or such office as corresponds thereto on the staff of the University as if they had been appointed thereto in accordance with the Charter and the Statutes.

(2) The said persons shall hold office as nearly as practicable upon the same terms and conditions as governed their appointments before the appointed day but so that after the appointed day they shall hold office subject to the Charter and the Statutes.

3.-(1) The first meeting of the Senate shall be held as soon as possible after the appointed day.

(2) For the purposes of the first meeting of the Senate, the Senate shall consist of the Vice-Chancellor, all the Professors holding office on the appointed day, the Librarian, the Dean of Preliminary Studies, and three additional members of the academic staff, other than the Professors, to be elected by that staff in accordance with such procedures and for such term as shall be determined by the Vice-Chancellor in consultation with that staff.

(3) The business to be transacted at the first meeting of the Senate shall be:-

(a) Consideration of recommendations to the Council in respect of:-

(i) the appointment of members of the Senate under paragraph (1) (b) (i) of Statute 16;

(ii) the election of members of the Senate under paragraph (1) (c) (i) of Statute 16;

(iii) the election of members of the Senate under paragraph (1) (c) (ii) of Statute 16;

(iv) the affiliation to the University of any institution or body, or the association or co-operation between the University and any institution or body for consideration by the Council under paragraph (1) (xxi) of Statute 13;

(v) the appointment of members of the Council under paragraph (1) (b) (xv) of Statute 11;

(vi) the appointment of members of the Senate under paragraph (1) (b) (ii) of Statute 16;

(vii) the appointment of members of the Senate under paragraph(1) (b) (iii) of Statute 16.

(b) the appointment of four members of the Council under paragraph (1) (b) (xvi) of Statute 11.

4.-(1) Notwithstanding the provisions of the Statutes:-

(a) Of the first five members of the Council to be appointed by the Government of Fiji, two shall be appointed for a term of one year and three shall be appointed for a term of two years.

(b) Of the first two members of the Council to be elected by the academic staff, one shall be elected for a term of one year and the other shall be elected for a term of two years.

(c) Of the first two members to be elected to the Council by the Executive of the Students' Association, one shall be elected for a term of one year and the other shall be elected for a term of two years.

(2) As soon as possible after the appointed day the Registrar shall refer to the bodies and persons named in paragraph (1) of Statute 11 the matter of the appointment or election by those bodies and persons of members of the Council.

5.-(1) The first meeting of the Council shall be held as soon as possible after the appointment of at least ten of the members required to be appointed thereto under paragraph (1) (b) of Statute 11 including not fewer than four members of the Council appointed under any of paragraphs (1) (b) (ii), (iii), (v), (vi), (vii), (ix) and (xi) of Statute 11.

(2) The business to be transacted at the first meeting of the Council shall include-

(a) The appointment of a Vice-Chairman who shall hold office until the thirtieth day of June, 1973.

(b) Consideration of any recommendations which may be made by the Senate in respect of the matters specified in paragraph 3 (3) (a) of this Appendix.

(c) The establishment of the Executive Committee of the Council under paragraph (1) of Statute 14, the determination of a quorum for meetings of that Committee, and the delegation to that Committee of such of the powers, duties and functions of the Council as the Council shall determine.

(d) The appointment of such other standing or special committees (if any) with such powers as the Council may determine.

(e) The appointment of an Auditor or Auditors.

(f) The determination of the date of the next of the ordinary meetings of the Council.

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