CODE OF PRACTICE – EDUCATION ACT 1994

 

Revised August 2013

 

1.           Introduction  This Code of Practice details the arrangements agreed between the University of Hull, hereinafter referred to as the University, and Hull University Union Limited, hereinafter referred to as HUU, as required by the Education Act 1994 (Clause 22[3]).

 

2.           Status of HUU  Although HUU is a company limited by guarantee (Company No 8475916) and a registered charity in its own right (1152549), it is an integral part of the University, established in accordance with the Charter of the University (Clause 103).  HUU is fully accountable to the Senate and Council of the University and subject to any agreements, regulations or directives that the University authorities may from time to time prescribe. Such agreements, regulations or directives must allow HUU to remain within the law particularly in regard to the Charities Act 2006.

 

3.           Accountability of the Principal Officers of HUU  The Principal Officers of HUU, as prescribed in the HUU Memorandum & Articles of Association (Articles), are the Sabbatical Trustees of HUU and accountable to the University authorities for the management of HUU, in accordance with the relevant regulations as approved from time to time by the Senate and Council of the University, for the operation of HUU in a fair and democratic manner, and for observance of the University’s Code of Practice on Freedom of Speech drawn up pursuant to Section 43, Education (No 2) Act 1986 and the Code of Practice pursuant to the requirements of Part 2, Education Act 1994.

 

4.           HUU’s Articles HUU’s  Articles and any amendments thereto are to be approved by the Senate and Council of the University; HUU’s Articles are to be reviewed by those bodies at intervals not exceeding five years.  The University authorities will ensure that HUU’s Articles provides, inter alia, for the election of Principal Officers, in terms of the Education Act 1994, to be by secret ballot in which all full members are entitled to vote, and to further ensure that such elections are fairly and properly conducted.  Such Principal Officers or those holding paid elected offices shall not hold office for more than two years.

 

5.           Membership of HUU  All registered students of the University will be full members of HUU, unless they choose not to be members.  Having opted not to become a member or having withdrawn from membership, a student is not entitled to take up, or renew, membership within the same academic year.  Students who have opted out of membership of HUU will be entitled to equal access to the services and activities subject to the following conditions:

 

(a)    He or she will not be permitted to:

 

(i)          vote in HUU elections or referenda;

(ii)         stand for election to any post in an HUU election;

(iii)        hold office in any HUU club or society.

 

(b)    He or she may be charged a differential rate of membership fee to join a club and society, or to attend a function.  Such students who join a club or society, or who use the facilities provided by HUU, are subject to the same regulations which apply to members of HUU.

 

              Any student wishing to exercise his or her right not to be a member of HUU is advised to consult one of the Principal Officers of HUU before making a decision, in order to ensure that he or she possesses all the necessary information on which to base the decision.  If a student chooses not to be a member of HUU, he or she must inform the HUU President and the Registrar and Secretary in writing.

 

6.           Finances – proper conduct of affairs  HUU is responsible for ensuring that funds provided to it by the University are used only in accordance with the Charities Act, the Education Act 1994 and any other statutory requirements or conditions that the University may prescribe from time to time.  The Chief Executive is responsible for advising the Principal Officers of HUU if any action or policy appears incompatible with the terms of the Code of Practice; if in doubt he or she is to take the advice of either the HUU solicitor or the University auditors, which is the more appropriate.  The Chief Executive is also required to satisfy the University authorities that the finances of HUU comply with all such conditions contained therein.

 

7.           Financial controls  HUU is required to keep accounts and accounting records in accordance with normal professional accounting principles, and to maintain a sound system of internal financial management and control.  In particular HUU is to:

 

(a)    prepare budgets for the following financial year and obtain approval of such budgets from the University authorities, at least one month before the commencement of the financial year.  The budget is to be drawn up so that income is at least sufficient, taking one year with another, to meet the total expenditure;

 

(b)    ensure that there is a fair and equitable system for the allocation of resources to clubs and societies and advise all students of the conditions and procedures relating to such allocations;

 

(c)     provide periodic reports of income and expenditure for consideration by the University authorities, at such times and for such periods as may from time to time be determined, and to make them available to all students;

 

(d)    prepare accounts and financial reports for audit by external auditors; these are to include a list of all external organisations to which HUU or any of its official bodies have affiliated, together with the details of such expenditure.

 

The University authorities will require HUU to repay in whole or in part any funds expended contrary to this Code of Practice.

 

8.           Affiliations to external organisations  HUU is required to publish and display on an Official HUU Notice Board any intention to affiliate to an external organisation, stating the name of the organisation and details of the subscription or fees to be paid.  A full member of HUU, if supported by 5% of the Full Time Equivalent voting membership, may request that the question of continued affiliation to an external organisation be decided upon by secret ballot in which all full members are entitled to vote; such a request may only be made once in any academic year.

 

9.           Complaints procedure (See SO 8007) Any registered student of the University may make a complaint concerning his or her dealings with HUU or make a claim of unfair disadvantage, where the student has exercised his or her right not to be a member.  The complaint will initially be dealt with in accordance with the internal HUU complaints procedure.  If the student is not satisfied, the matter is to be considered by a panel established by the University authorities.  If the student still remains dissatisfied after the second stage, the matter is to be referred to an independent and external person nominated by the University authorities.  Complaints are to be dealt with promptly and fairly and, when a complaint is upheld, there is to be an effective remedy.

 

10.         Status and dissemination of this Code of Practice  This Code of Practice, as amended by the Council of the University in consultation with the Principal Officers of HUU, has the status of a University Regulation.  It will be brought to the attention of all students once a year and published on HUU’s website and made available in hard copy on request.

 

 

Approved : University Council Nov 2013