The College’s key constitutional documents are available on this page, including the latest Instrument and Articles of Government.
Notice of consultation issued 22 December 2017
Staff and students are being consulted on a proposed amendment to the College’s Instrument of Government. The Instrument of Government is a key governing document of the College which sets out the procedures that Governors must observe as a board, such as the arrangements for appointing and removing Governors.
Since the College was incorporated in 1993, the Instrument of Government has required that the membership of the Corporation must not fall below twelve individuals and, if membership does fall below twelve, only the Secretary of State for Business Innovation and Skills may appoint new governors to make up the numbers. This creates a risk as, if and for as long as the board is not fully constituted, it would not be able to operate. The provision will need to be amended in any case to reflect the fact that the College’s principal charity regulator is now the Department for Education.
It is common for charities’ governing documents to stipulate a minimum number of trustees or governors - but typically, where the membership falls below that number, boards are able to act themselves to appoint additional people, so that they can carry on operating. This is what the Corporation will likely wish to do, subject to consultation feedback. It will likely substitute a lower minimum membership, perhaps ten (which will continue to include at least one and up to two student governors and at least one and up to two staff governors) and provide that, should the membership fall below that number, the remaining members shall be entitled to act to appoint additional members.
Your comments are invited on the proposal to remove the requirement to involve the Secretary of State or other outside body, as well as on the minimum membership for the board. The consultation will run until 19 January 2018, closing at 4pm on that date. Contributions may be sent to the Clerk to the Corporation by email to email@example.com or in hard copy to room F6, Old Building.