- Laws of Fiji

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.

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:—

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(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 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, Studentships, 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.