Following the breach of contract in April 2001 by the Warden of New College Alan Ryan, the University Registrar David Holmes was obliged to serve an affidavit on Ryan's behalf, arguing that the Warden was not a servant, agent or officer of Oxford University, from which the College was, Holmes claimed on oath, "entirely separate". According to the University, this meant that Ryan was therefore not bound, despite actually being mentioned in it, by our settlement agreement of 1st July 1992.
Pages 5-18 of Holmes' huge 150-page exhibit consisted of extracts from the New College Statutes, which, it seems, were last formally printed in 1940 (and prior to that in 1929), with amendments and additions, often in barely legible handwriting (see above), being inserted into their text or on separate, undated scraps of paper, some even bearing childish ink-blots and smudges; I have attempted to unravel this chaos in the transcription below by marking the handrwitten changes in purple, with [] brackets indicating deletions and {} brackets indicating additions. Pagination (forwards) is indicated in red (Ryan) and green (Holmes). If the result of all this is that you find the meanings of some of the statutes - e.g. regarding the Warden's salary ('emolument') and pension - perfectly impenetrable, that is presumably the intention. This nicely echoes John Kay's resignation observations in 2000 about Oxford's pathetic decision-making procedures. (See the Financial Times and THES.)
In addition to the hand-scrawled alterations, on 3rd February 1994, certain amendments to the Statutes were formally submitted to and approved by the Queen and the Privy Council by the then Warden Harvey McGregor QC (see McGregor on Royalties); these formal changes are marked in the version below in maroon, again with [] brackets indicating deletions and {} brackets indicating additions. The Queen-approved 1994 amendments are also included (as they were by Holmes) as a separate 2-page document in Table A below. Alan Ryan was elected McGregor's successor as Warden in controversial circumstances in May 1995 (see below) and took up his post on 1st September 1996.
Entirely coincidentally, half-way through the two-month rein of Akme Expression in Oxford, in May 2002, Alan Ryan unexpectedly announced that he was taking a year's 'sabbatical' in USA, and asserted in a THES rant that "no rational person should become an academic in Britain". Ryan's surprise sabbatical required the College Statutes' further modification, as he excitedly explained in The Independent thus: "It is the first time ever in New College's 623-year history that the warden has had a year off from the daily admin grind and I had to get the college's statutes changed to secure this cogitating time. It took around 12 months to write the new statutes, get them through the college, then through the university and finally through the Privy Council. Eventually the Queen had to sign them." Gosh! - A. M.
Page 5 (35)
This College was founded by William of Wykeham, Bishop of Winchester, under a Charter of Richard the Second, dated 30th June 1379, and a Deed of Foundation dated 26th November 1379, for objects set out in the Preamble of the Founder's Statutes as follows:
'In nomine sanctae et individuae Trinitatis, Patris, et Filii, et Spiritus Sancti, necnon Beatissimae Mariae Virginis gloriosae omniumque Sanctorum Dei; Nos Willelmus de Wykeham, permissione divina Wintoniensis Episcopus, de summi rerum opificis bonitate confisi, qui vota cunctorum in eo fidentium cognoscit, dirigit et disponit, de bonis fortunae, quae nobis in hac vita de suae plenitudinis gratia tribuit abundanter, duo perpetua Collegia, unum videlicet Collegium perpetuum pauperum et indigentium scholarium clericorum in studio Universitatis Oxoniae Lincolniensis dioeceseos in diversis scientiis et facultatibus studere ac proficere debentium, Saint Mary College of Winchester in Oxenford vulgariter nuncupatum; et quoddam aliud Collegium perpetuum aliorum pauperum et indigentium scholarium clericorum grammaticam addiscere debentium prope civitatem Wintoniae, Saint Mary College of Winchester similiter nuncupatum, ad laudem gloriam et honorem nominis Crucifixi ac gloriosissimae Mariae matris ejus, sustentationem et exaltationem fidei Christianae, Ecclesiae Sanctae prnectum, divini cultus liberaliumque artium scientiarum et facultatum augmentum, auctoritate Apostolica et Regia, ordinavimus instituimus fundavimus et stabilivimus, prout in Chartis et literis nostris patentibus super ordinationibus, institutionibus, ac fundationibus Collegiorum ipsorum confectis plenius continetur.'
Page 6 (36)
Qualifications of the Warden.
1. The Warden shall be a person distinguished for literary or scientific attainments or for services in the work of education in the University or elsewhere, or for other services in a learned profession or public life, not less than thirty years of age, [and a graduate of the University]. The Fellows shall elect, or in case of lapse the Visitor shall appoint, to the office of Warden the person being duly qualified for the office as aforesaid who in their or his judgement shall be most fit to be Warden of the College as a place of religion learning and education.
Election of the Warden. {squiggly line alongside}
2. The Warden shall be elected by the votes of a majority consisting of more than half of the Fellows present at the election. The meeting for the election shall take place within forty-two days from the day of the occurrence of a vacancy in the office, unless such vacancy shall occur between the thirtieth day of June and the first day of September; in which case {caret, no word added} the election may be on any day not later than the fourteenth day of October next following.
AKME NOTE. The Queen's order of 1994, drafted to prepare for the retirement of Harvey McGregor QC, requires the replacement in the second sentence above of the word "six" by the word "twelve". Now call me uneducated, but I can't find either the word "six" or the word "twelve" in that sentence, or in any other nearby sentence. Nor is it easy to work out what the mistake is here, unless it should have been an alteration of the age stipulation in II.1. The order also requires the insertion at this point of the following new third sentence, which is not, however, in fact inserted:
{Where the vacancy is anticipated to arise on the retirement of the Warden at the age of 70, the Fellows may make a binding pre-election of an individual who would become Warden immediately on the occurrence of the anticipated vacancy, subject to any such pre-election not taking place more than 18 months ahead of the anticipated retirement and subject to the conditions set out in the rest of this clause concerning notification of and voting at an election meeting being applied to any pre-election meeting.}
I have been informed by an insider that Alan Ryan's election to the Wardenship in May 1995 took place in dubious circumstances, amid allegations of miscounts and cheating. More electoral monkeying is evident in the deletions below. - A. M.
Notice of the day and hour appointed for the {caret, no word added} election shall be sent to every Fellow at his usual place of address at least twenty-one days before the day of the [deleted: election]. Whenever a Warden shall not have been elected on or before the second day after the day appointed for the [deleted: election], the appointment of a Warden shall for that turn lapse to the Visitor.
Presentation of the Warden.
3. As soon as possible after the election of a Warden, one of the Fellows to be deputed for that purpose by the majority of the Fellows present at the election shall present the Warden to the Visitor, and shall deliver to the Visitor a letter under the College Seal stating the result of the election.
Declaration of the Warden.
4. The Warden shall at the first Stated General Meeting after he shall have become Warden make such declaration as shall be prescribed by the By-laws of the College in force for the time being. A memorandum of such declaration and of the place and date of the making thereof and a duplicate of the letter to the Visitor shall be kept among the muniments of the College.
Duties and powers of the Warden.
5. The Warden shall have pre-eminence and authority over all the members of the College and all persons thereunto belonging, and shall superintend the discipline and education of the College, and cause all the members of the College and persons thereunto belonging to perform the duties of their respective offices or positions. All other members of the College and persons thereunto belonging shall obey the orders of the Warden, being lawful and consistent with the Statutes and By-laws of the College, in all Page 10 (40) matters relating to the discipline and education of the College and the observance of the Statutes and By-laws thereof. The Warden may also, if he shall think fit, take part in the teaching of the Scholars or other persons receiving education in the College, but shall not be bound to do so. The Warden shall also superintend the management of the property of the College, and may act in reference to such management according to his discretion, subject to the Statutes and By-laws of the College in force for the time being.
| TABLE A Pages 7 & 8 (37 & 38) At the Court at Buckingham Palace THE 22nd DAY OF JUNE 1994 PRESENT, THE QUEEN'S MOST EXCELLENT MAJESTY IN COUNCIL |
|
WHEREAS the Governing Body of New College, in the University of Oxford,
did under the provisions of the Universities of Oxford and Cambridge Act 1923 on the 3rd day of February 1994 make a Statute, as set out in the Schedule to this Order, amending College Statute II:
AND WHEREAS the said Statute has been submitted to Her Majesty in Council and notice of its having been so submitted has been published in the London Gazette, and the said Statute has also been laid before both Houses of Parliament in accordance with the directions contained in the said Act and no Petition or Address against the same has been presented: NOW, THEREFORE, Her Majesty, having taken the said Statute into consideration, is pleased, by and with the advice of Her Privy Council, to declare, and doth hereby declare, Her approval of the same. |
| N. H. Nicholls |
SCHEDULE STATUTE REFERRED TO IN THE FOREGOING ORDER IN COUNCIL |
|
STATUTE II (The Warden)
That the existing Statute II.1 be amended by the deletion of the words 'and a graduate of the University'. That the existing Statute II.2 be amended as follows: (a) Replacement of the word 'six' with the word 'twelve' in the second sentence.
(b) The insertion of a new sentence as the third sentence, reading as follows: That the existing Statute II.7 be amended by the deletion of the words 'in residence'. That the existing Statute II.8 be amended by the deletion of the words 'quarterly on the four usual quarterly days of payment, together with a proportionate part thereof for the period, if any, which at the time of avoidance of the office shall have elapsed of the then current quarter,' and their replacement by the words 'monthly in arrears,'. That the existing Statute II.9 be amended by the deletion of the words 'the Office of a Professor in the University, or' and of the words 'the annual emoluments of which shall exceed £200'. That the existing Statute II.10 be amended by deleting everything after the first sentence. That the existing Statute II.13 and II.14 be deleted and replaced by a new Statute II.13 to read as follows: 'The superannuation arrangements for a Warden will be those provided for under the terms of the Universities Superannuation Scheme, or any alternative private pension scheme which the Warden may wish to undertake and to which the College is obliged to contribute a minimum percentage of salary in accordance with relevant pensions legislation.' That the existing Statute II.15 be numbered as Statute II.14, following the deletion of the existing Statute II.13 and Statute II.14, and their replacement by a new Statute II.13, as earlier proposed. THE COMMON SEAL OF THE WARDEN |
| Dr. Harvey McGregor WARDEN Dr. B. Hainsworth FELLOW David Palfreyman FELLOW |
| L.S. Sealed the third day of February 1994 |
Residence of the Warden.
6. The Warden shall reside in the College seven calendar months at least in each year, whereof six weeks at least shall be in each Term: Provided that in case of the Warden's sickness, or for any other urgent cause, the Visitor may dispense with the Warden's residence for such a period as may seem to the Visitor to be required by the necessities of the case.
Sub-Warden or Senior Fellow to take the place of Warden.
7. During the period of a vacancy in the office of Warden, and during the sickness or absence of the Warden, the Sub-Warden, or (in the absence of the Sub-Warden) the Senior Fellow who is an Officer of the College or (in the absence of any Officer) the Senior Fellow [in residence] shall, so far as may be necessary, exercise and perform all the functions and duties and have all the powers of the Warden.
Emoluments of the Warden.
8. There shall be paid to the Warden out of the general revenues of the College such a yearly sum of money as will, with the emoluments arising from the benefactions of the Reverend John Cary and the Reverend Charles Parrott, make up the stipend or yearly sum of £2,000,
{Here the above is subsituted by a typed slip Page 9 (39) initialled "M.B. p.274" (M.B.=Minute Book?) and reading: There shall be paid to the Warden out of the general revenues of the College and the benefactions of the Reverend John Cary and the Reverend Charles Parrott such sum as shall from time to time be determined by a Stated General Meeting,}
which shall be paid
[deleted: quarterly on the four usual quarterly days of payment, together with a proportionate part thereof for the period, if any, which at the time of avoidance of {the vacation of} the office shall have elapsed of the then current quarter,] {replaced by: monthly in arrears,}
and, in addition to the above stipend, the Warden shall have the use, rent free, of the [present] Warden's lodgings, with the [coach-house] stables garden and appurtenances thereto belonging: Provided that the Warden may by agreement with the College approved at a Stated General Meeting waive for his term of office or for any less period his right to the use of any part of the said premises on such terms as may be arranged: Provided further that the Visitor may, if he think fit, on the petition of not less than two-thirds of the Fellows present and voting at a Meeting specially called with fourteen days' notice of the business to be transacted thereat, make an order increasing or reducing the premises appropriated for the Warden's use, or substituting other premises therefor, in such manner as the Visitor may deem expedient having regard to the dignity of the Warden's office and the interests of the College.
Page 11 (41) Any such petition may be presented to the Visitor by the Fellows whether or not the office of Warden is vacant, but no such order made by the Visitor upon a petition presented when the office of Warden is filled shall take effect until the office becomes vacant, unless the Warden for the time being consents thereto.
All rates, taxes, and other outgoings and necessary repairs in respect of the premises occupied by the Warden shall be defrayed by the College.
The Warden shall also be entitled to be paid by the College all expenses attending journeys taken by him in his capacity of Warden. The Warden and Fellows may also from time to time by a resolution of a Stated General Meeting assign to the Warden for such period as the resolution shall specify [deleted, hand-initialled (I think) "S.S.7. 14 Jan/48": an allowance not exceeding £500 per annum to meet the expenses of entertainment and the other expenses incurred by him by reason of his tenure of his office.]
Warden holding University Offices.
9. If and so long as the Warden shall hold [the Office of a Professor of the University, or] any paid Office in the University other than that of Vice-Chancellor [the annual emoluments of which shall exceed £200,] the stipend of the Warden shall be reduced to such a sum as, together with the emoluments of the University Office, shall amount [to the yearly sum of £2,200.] The Warden shall not hold a Fellowship in any other College in the University.
Tenure of the Wardenship.
10. The Warden shall be entitled to hold his office, [subject to the provision for deprivation in these Statutes contained,] until the 1st day of September next succeeding the seventieth anniversary of the day of his birth.
Extension of Tenure of Wardenship.
[Deleted, "Gat/58":
The Meeting at which such petition is approved must be held not more than one year and not less than six months before the day on which the Warden will attain the age of seventy years.
The question whether such a petition shall be presented shall not be brought forward unless the Sub-Warden shall have received a requisition to that effect signed by not fewer than two-thirds of
11. The Visitor may, if he think fit, on the petition of not less than three-quarters of the Fellows present at a Meeting specially called with notice of the business to be transacted thereat, make an order declaring that the Warden shall be entitled notwithstanding the last preceding clause hereof to hold his office until the 1st day of September next succeeding the seventy-fifth anniversary of the day of his birth, or any earlier date specified in the petition and approved by the Visitor.
AKME NOTE Here are included two Pages 12 & 13 (42 & 43) in (different) handrwitings, with some words illegible, and carrying various mathematical calculations, some of which are crossed out. The figure of £1800 appears in bold, heavily underlined. The entries are dotted throughout by question marks. Two dates appear: 27/6/55 and 9/10/63. Page 12 (42) reads (insertion points unclear):
such a sum not exceeding £500 per annum to meet the expenses of entertaining and the other expenses incurred by reason of his tenure of his office as he shall certify in writing to have been required for these purposes.......?(squiggly line) to such a yearly sum as shall (caret: from to time) be determined by a (9.10.63) Stated General Meeting (remainder illegible)
provisions of clause 12 + 15 of this Statute
Page 13 (43) reads (insertion point unclear):
II 13(a) The Warden on vacating his office upon attaining an age limit prescribed in clause 10 of this statute shall be entitled to a pension or the equivalent of a pension of such sum as shall be determined by a Stated General Meeting as hereinafter provided; and on vacating his office under clauses 11 or 12 of this statute to such pension or equivalent of a pension, if any, not exceeding save as hereinafter provided they determined sum, as the Visitor after considering any representations made to him by the College shall order. (? 9.10.63)3/5 of initial stipend (remainder illegible)
Page 14 (44) continues:
the whole number of Fellows exclusive of Emeritus Fellows. It shall be the duty of the Sub-Warden on such a requisition being presented to him to summon the Meeting and to give special notice to the Warden and all the Fellows not less than a fortnight before the day appointed for the Meeting that the question whether such a petition shall be presented will be brought forward. The voting upon the question whether such a petition shall be presented shall be by ballot.]
Provision for Warden's Resignation.
12 (renumbered 11). The Warden may at any time ["give notice" changed to "notify"] at a Stated General Meeting that he resigns the office of Warden as from a date not less than six calendar months after the day on which the Stated General Meeting is held, and it shall be the duty of the Sub-Warden to inform the Visitor of such resignation.
Provision for permanent incapacity of the Warden.
13 (renumbered 12). If at any time it shall appear that the Warden has become permanently incapable of performing the duties of his office, the Visitor may, if he think fit, on the petition of not less than two-thirds of the Fellows present at a Stated General Meeting and after inquiry held by him, make an order declaring that the Warden has become permanently incapable of performing the duties of his office, and may direct that the Wardenship shall be deemed to be vacant at the expiration of a time to be fixed by the Order; and the Fellows shall thereupon proceed to the election of a new Warden pursuant to these Statutes.
It shall be the duty of the Sub-Warden, on a requisition presented to him by not fewer than five Fellows, to give special notice to the Warden and all the Fellows, not less than a fortnight before the day appointed for the Stated General Meeting, that the question whether such a petition shall be presented will be brought forward. No such question shall be entertained at any Stated General Meeting without such notice.
Warden's Pension.
14 (renumbered 13, then apparently deleted). [(a) The Warden on vacating his office [upon attaining an age limit prescribed in clauses 10 or 11 of this Statute shall be entitled to a pension or the equivalent of a pension of not on less than £1,000 a year as hereinafter provided and on vacating his office under clauses 12 or 13 of this Statute to such pension or equivalent of a pension, if any, not exceeding save as hereinafter provided £1,000 a year as the Visitor after considering any representations made to him by the College shall order.
(b) If at the time of his appointment to his office the Warden is a member of the Federated Superannuation Scheme for the Universities (hereinafter called the Scheme) he shall continue to be a member in all respects as though he were a member of the teaching staff of the College required be a member of the Scheme
(c) If the Warden at the time of his appointment is not a member of the Scheme but is entitled to require the transfer to the College under some other pension scheme of any fund he shall procure the transfer to the College of such fund or of such part thereof as Fellow of the Institute of Actuaries appointed by the College may determine to be sufficient when used as a first payment under the Scheme and supplemented by the further payments to be made under the Scheme to provide for a pension or the equivalent of a pension as hereinafter defined of [£1,000] for the Warden when he attains the age limit prescribed in clause 10 of this Statute the fund so transferred shall be used by the College to make the Warden a member of the Scheme.
{Replacement Clause 13: The superannuation arrangements for a Warden will be those provided for under the terms of the Universities Superannuation Scheme, or any alternative private pension scheme which the Warden may wish to undertake and to which the College is obliged to contribute a minimum percentage of salary in accordance with relevant pensions legislation.}
[15 (renumbered 14, then apparently deleted). (a) Within six months of the appointment of the Warden to his office the College shall procure from the actuary appointed by the College an estimate of the amount of an annuity for the life of the Warden payable from the date upon which he would attain the age limit prescribed in clause 10 of this Statute which could be purchased if any fund accumulated and held by the College for the purposes of the Scheme in relation to the Warden, including any fund arising under clause 14(c) of this Statute, were expended in the purchase of such an annuity at that date.
In the event of the Warden vacating his office under clauses 10 [or 11] of this Statute the benefit secured to the Warden from the fund under the trusts of the Scheme shall be deemed to be the equivalent of a pension of an amount equal to such annuity.
In the event of the Warden vacating his office under clauses 12 or 13 of this Statute the actuary appointed by the College shall certify the amount of an annuity payable for the life of the Warden from the date of his vacating
his office which could be purchased if the fund were expended in the purchase of such an annuity on that date and the benefits secured to the Warden from the fund under the trusts of the Scheme shall be deemed to be the equivalent of a pension of an amount equal to such annuity.
(b) If and so far as the Warden is entitled when he vacates his office to any pension for service not derived from a fund covered by the preceding sub-clause the amount of such pension shall be reckoned towards his pension as Warden.
(c) If and so far as the actuary appointed by the College shall report to the College that the provision made for the Warden's pension under sub-clauses (a) and (b) will be insufficient in the event of the Warden vacating his office on attaining
AKME NOTE Here again are included two Pages 16 & 17 (46 & 47), again handrwitten, with scrawled mathematical calculations. Page 16 (46) reads: £1,200 S.G.M. (presumably Statutory General Meeting) 22.6.55 (different writing) £1,800 (the determined sum 9.10.63). Page 18 (48) continues:
the age limit specified in clause 10 of this Statute to provide a pension or the equivalent of a pension of at least £1,000 a year and requires to be supplemented by the accumulation of an annual sum at compound interest or by the payment of any premium on any policy of life insurance one-sixth of such annual contribution or premium shall be paid by the Warden and five-sixths shall be charged on the general revenues of the College. [[Provided always that such annual contribution or premium shall not exceed £300 {£375} a year in all and that when the Warden's tenure of office is prolonged under clause 11 of this Statute no further contribution shall be made towards his pension either by the Warden or out of the general revenues of the College.]]
(d) If and so far as, the provision made for the Warden's pension under sub-clauses (a) (b) and (c) preceding is found to be insufficient to provide the Warden with a pension or the equivalent of a pension of [£1,000] a year if he vacates his office under clauses 10 [or 11] of this Statute or with the pension or the equivalent of the pension assigned to him by the Visitor if he vacates his office under clauses 12 and 13 of this Statute the deficiency shall be made good out of the general revenues of the College.
If and so far as the provision made for the Warden's pension under sub-clauses (a) and (b) preceding is found to be more than sufficient to provide for the said pension or their equivalent the Warden shall be entitled to the benefit of the excess, but if and so far as any provision made for the Warden's pension under sub-clause (c) preceding is in the event not needed to make good any deficiency in the said pensions or their equivalent the Warden shall only be entitled to retain one-sixth the sum so set free.
Saving of vested interests.
16. The two last preceding clauses shall not apply to the pension of any person elected to the office of Warden before the 1st day of January 1940, but it shall be determined as provided in the manner prescribed the College Statutes and By-laws in force at that date. Deletion ends]
Deprivation of the Warden.
After the storm broke in May 2006 over Alan Ryan's bribery of the New College Fellows with the windfall profits from the college's Aylesbury land sale, aka King Gnome's Cream Tea, Akme was sent a copy of Statute XVII, concerning Disposal of Revenue. This, I have checked, came not from the college itself, but from the Bodleian Library, whose most recent versions of the Statutes, interestingly, are not the college's own multiply-amended ones, nor even the last printed ones of 1940, but the previously printed set dated 1929. This suggests, in passing, that the college is in breach of its obligation to lodge all of its publications with Bodley as one of the UK's five copyright libraries, never mind its obligations to the university or to the public. I am given to understand that the 1929 version of Statute XVII, reproduced below, is still in force unamended. From the look of its Clause 12 (in super-bold), Pinky and Perky appear to have snouted themselves deep into a trough of Aylesbury shit. - A. M.
Abstracts etc., for Publication.
5. The Warden and Fellows shall in every year cause to be prepared and delivered to the Registrar of the University for publication such information relating to the accounts of the College as may be prescribed from time to time by any Statute of the University made or to be made under the powers of the Universities of Oxford and Cambridge Act, 1923. The date on or before which such information shall be delivered to the Registrar, the forms of the Statements in which it will be shown, and the certificate accompanying such forms shall be as prescribed from time to time in the Statutes of the University made or to be made under the like authority; and the certificate shall be signed by the Auditor or Auditors aforesaid.
Accounts for College Contributions to the University.
6. The Warden and Fellows shall, on or before a date described as aforesaid, furnish to the Curators of the University Chest such information as may be required for determining the amount to be paid by the College to the Curators as a contribution for University purposes under any Statute of the University made or to be made under the powers of the Universities of Oxford and Cambridge Act, 1923.
Kitchen Accounts.
7. The Warden and Fellows shall keep kitchen accounts and other statistics relating to the catering arrangements of the College, submit them to Accountants and communicate the report of the said Accountants. The forms in which such accounts and statistics shall be kept, the periods at which they should be submitted to the said Accountants, the manner in which the said Accountants shall be nominated and the cost of their inspection met, and the authorities to which the report of the said Accountants shall be communicated shall be as prescribed from time to time in the Statutes of the University made or to be made under the powers of the Universities of Oxford and Cambridge Act, 1923.
Disposal of revenue to be subject to University Statutes for College Contributions.
1. The application of the revenues of the College under the provisions and to the purposes of these Statutes shall be subject to any Statute or Statutes made for the University under the powers of the Universities of Oxford and Cambridge Act, 1877 and the Universities of Oxford and Cambridge Act, 1923 for enabling or requiring the Colleges to make a contribution out of their revenues to University purposes, and to the payment of the charges imposed thereby.
Income of Emoluments and Trusts to be included in general revenue.
2. Income arising from any endowment benefaction or trust and applicable to the maintenance of any Fellowship Scholarship or Exhibition within the College, or to any other purpose for the benefit of the College or of the Warden or any member of it (including any fund for the purchase of advowsons), shall be liable to contribute to the payment of any charges for University purposes imposed on the College by Statutes made for the University as aforesaid in the same manner as if such income had formed part of the general revenues of the College, except in the following cases:-
(a) income of or constituting any emolument the trusts or directions affecting which are protected from alteration by section 13 of the Universities of Oxford and Cambridge Act, 1877 or by the Universities of Oxford and Cambridge Act, 1923.
(b) income wholly appropriated to any emolument, not being a Fellowship, which is included among the emoluments described in the University Statutes of 1924 Tit. XIX, paragraph 18.6(b).
Reserved Official Fellowships.
3. If at any time the proportion of Official Fellowships held by persons who satisfy the conditions for the tenure of reserve official fellowships described in Statute III.9 hereof shall fall short of that specified in the said clause, the College shall make to the Common University Fund for the period of such deficiency a payment at the rate of £150 a year for each Fellowship whereby the proportion is deficient.
Income Tax not to be repaid.
4. There shall be no payment or reimbursement by the College in respect of Income Tax on any stipend or salary payable under these Statutes.
Professorial Fellowship.
5. The College shall make to the Curators of the University Chest the following yearly payments in respect of the Professorships to which Fellowships are annexed under Statute III.2 hereof viz.:-
in respect of each of the Savilian Professorships £600 a year: Provided that if in any year the income arising from the Savilian endowment will exceed £600 the total sum of £1,200 to be paid in that year in respect of the two Savilian Professorships shall be reduced by the amount of the excess:
in respect of the Wykeham Professorship of Logic £500 a year:
in respect of the Wykeham Professorships of Ancient History and of Physics £900 a year each:
Provided that such payments shall only be made in respect of a Professorship if the Professor has in pursuance of Statute III.35 hereof placed himself under these Statutes or has been appointed to his Professorship since these Statutes came into force.
Provided also that during any vacancy in a Fellowship attached to one of these Professorships the yearly sum payable to the University in respect of the Professorship will be abated at the rate of £200 a year.
Scheme to be approved by Visitor.
6. If at any time it shall appear to the Visitor that the revenues of the College have become more than sufficient to provide for its expenditure, the Visitor may, if he think fit, make an order directing that any part of the surplus revenue shall be set apart and applied to purposes relative either to the College or to the University, according to a scheme submitted or to be submitted to him by the Warden and the Fellows and approved by him. After an order so made by the Visitor, any sums thereby directed to be set apart shall be applied in conformity with the scheme submitted to and approved by the Visitor as aforesaid under his order confirming the same, and not otherwise.
What included in expenditure of the College.
7. The expenditure of the College shall, in the last preceding clause, be deemed to include as well as the payment of charges for University purposes imposed by Statutes made for the University aforesaid, as the application of revenue to the purposes of these Statutes, reasonable and customary expenditure not inconsistent with them for College purposes, extraordinary expenditure when required on estates, and any reasonable donations for educational or charitable objects or connected with the duties of the College as a holder of property.
Communication of Schemes to Hebdomadal Council.
8. Before any scheme is confirmed by the Visitor, the Warden and Fellows shall communicate to the Vice-Chancellor for the information of the Hebdomadal Council of the University; and the Visitor shall consider any representations which the Hebdomadal Council may judge it expedient for the interests of the University to make with a reference to such scheme.
Confirmation of Scheme.
9. An order made by the Visitor confirming a scheme submitted to him by the Warden and Fellows shall continue in force until a new scheme varying it or in substitution for it shall have been submitted and confirmed in like manner.
Representation to Visitor.
10. The Warden and Fellows or any three of their number may at any time make a representation to the Visitor requesting him to exercise, if he think fit, the powers of this Statute. But this provision shall not be deemed to affect the Visitor's right to exercise such powers proprio motu.
Surplus revenue.
11. Subject to the right of the Visitor to exercise the powers hereby given to him, any surplus of the revenues of the College shall from time to time be applied by the Warden and Fellows at their discretion to any purposes relative to the College and not inconsistent with these Statutes, or (subject to the Statutes of the University in force for the time being) to any purposes relative to the University and conducive to the advancement of learning science or education.
Restrictions on disposal of surplus revenue.
The Visitor
1. The Visitor of the College shall be the Lord Bishop of Winchester for the time being.
Accounts to be laid before the Visitor.
2. The Warden and Fellows shall in each year lay before the Visitor the Accounts of the College, and shall also furnish to the Visitor such additional information, if any, as he shall require for enabling him to form a judgment of the means and requirements and general state and condition of the College.