The Trinity College, Dublin (Charters and Letters Patent Amendment) Act, 2000

• Permanent Page URL

Number 1 (Private) of 2000

THE TRINITY COLLEGE, DUBLIN (CHARTERS AND LETTERS PATENT AMENDMENT) ACT, 2000

PREAMBLE

ARRANGEMENT OF SECTIONS

Number 1 (Private) of 2000

THE TRINITY COLLEGE, DUBLIN (CHARTERS AND LETTERS PATENT AMENDMENT) ACT, 2000

AN ACT TO AMEND THE CHARTERS AND LETTERS PATENT UNDER WHICH TRINITY COLLEGE, DUBLIN IS INCORPORATED. [6th November, 2000]

Preamble.

WHEREAS by Charter or Letters Patent bearing date the 3rd day of March 1592 (hereinafter called “the Foundation Charter of 1592”) granted by her late Majesty Queen Elizabeth, the Provost, Fellows and Scholars of the College of the Holy and Undivided Trinity of Queen Elizabeth near Dublin and certain persons therein named and such other persons as should from time to time be elected in the manner therein directed were forever incorporated and erected and constituted a body corporate with perpetual succession to be called and known as the Provost, Fellows and Scholars of the College of the Holy and Undivided Trinity of Queen Elizabeth near Dublin:

AND WHEREAS by further supplemental Charter or Letters Patent bearing date the 25th day of May 1637 and granted by his late Majesty King Charles the First (hereinafter called “the Supplemental Charter of 1637”) the Foundation Charter of 1592 was amended:

AND WHEREAS the said Charters and Letters Patent were further amended by divers Letters Patent of historical interest:

AND WHEREAS by Letters Patent bearing date the 24th day of May 1911 and granted by his late Majesty King George the Fifth (hereinafter called “the Supplemental Letters Patent of 1911”) the Supplemental Charter of 1637 was amended:

AND WHEREAS in the aforesaid Charters or Letters Patent the Corporation described as the College of the Holy and Undivided Trinity of Queen Elizabeth near Dublin is known as Trinity College, Dublin and is the sole College of the University of Dublin thereby established with perpetual succession as aforesaid and further empowered to confer degrees:

AND WHEREAS in the aforesaid Charters or Letters Patent it was among other things provided that the said Corporation shall be forever incorporated and erected and shall have perpetual succession:

AND WHEREAS in the aforesaid Charters or Letters Patent it was further provided that the said College may forever possess goods, chattels, lands, tenements and hereditaments whatsoever might be their kind, nature or species, renders, services and all other and singular profits for the support and relief of the Provost, Fellows and Scholars of the College in perpetuity:

AND WHEREAS in the Foundation Charter of 1592 and the Supplemental Letters Patent of 1911, the Provost and Fellows of Trinity College, Dublin were given authority to establish among themselves whatsoever laws they considered well constituted in the Universities of Cambridge or Oxford and judged apt and suited to the said Corporation:

AND WHEREAS it is expedient in order to promote the advantage and good government of Trinity College, Dublin that certain of the said powers, functions, jurisdictions, duties, obligations and provisions in the aforesaid Charters or Letters Patent should be repealed and that divers other amendments should be made as hereinafter provided:

AND WHEREAS it is expedient to revise the constitution of the Body Corporate as set forth in the Supplemental Letters Patent of 1911:

AND WHEREAS the government of Trinity College, Dublin under the aforesaid Charters or Letters Patent is vested in the Board of the said Corporation:

AND WHEREAS it is further expedient to revise the constitution of the Board of the said Corporation:

AND WHEREAS it is further expedient to provide for the manner in which the constitution of the said Board may thereafter be amended and the manner in which the said Board may be re-established in the event of its suspension:

AND WHEREAS it is expedient that the Provost of Trinity College, Dublin shall be appointed by the said College in accordance with the laws for the governance of the College including the Consolidated Statutes for the time being in force:

AND WHEREAS this Act is presented and promoted at the request of the Board of Trinity College, Dublin with the consent of the Provost, Fellows and Scholars of the said College in accordance with the laws for the governance of the College including the Consolidated Statutes for the time being in force:

AND WHEREAS it is expedient that the other provisions in this Act contained should be enacted:

AND WHEREAS the said amendments cannot be effected without the authority of the Oireachtas:

BE IT THEREFORE ENACTED BY THE OIREACHTAS AS FOLLOWS:

Definitions.

1.— In this Act unless the context otherwise requires—

“the Board” means the Board of Trinity College, Dublin;

“the College” means the College of the Holy and Undivided Trinity of Queen Elizabeth near Dublin established by the Foundation Charter of 1592, and shall be held to include the University of Dublin save where the context otherwise requires in accordance with the charters and letters patent relating to Trinity College;

“the Foundation Charter of 1592” means the Royal Charter of Incorporation of the Provost, Fellows and Scholars of the College of the Holy and Undivided Trinity of Queen Elizabeth near Dublin;

“the Provost” means the Provost for the time being of Trinity College, Dublin;

“Scholars” means the scholars on the Foundation as provided for in S.1 the Foundation Charter of 1592 and as further provided for in the Supplemental Charter of 1637 and being seventy in number;

“the Secretary” means the Secretary for the time being of Trinity College, Dublin appointed by the Board in accordance with the laws for the governance of the College including the Consolidated Statutes for the time being in force;

“the Supplemental Charter of 1637” means the Supplemental Royal Charter of Incorporation amending the Foundation Charter of 1592;

“the Supplemental Letters Patent of 1911” means the Supplemental Letters Patent of 1911 amending the Royal Charters of Incorporation and as subsequently applied;

“the Treasurer” means the Treasurer for the time being of Trinity College, Dublin appointed by the Board in accordance with the laws for the governance of the College including the Consolidated Statutes for the time being in force.

Amendment of Clause 2 of Supplemental Letters Patent of 1911 (Amendment to the Constitution of the Body Corporate of Trinity College, Dublin).

2. —The Supplemental Letters Patent of 1911 shall be read and construed as if the following words were deleted therefrom where the same appear in Clause 2 of the said Letters Patent on the Body Corporate of Trinity College, Dublin, that is to say, the words “together with two additional members of the said Governing Body to be elected as hereinafter provided by the Professors not being Fellows of Our said College enumerated in Schedule II hereto annexed.” and as if in substitution for the words so last deleted the following words were inserted therein, that is to say, the words “together with those additional members of the Governing Body who, not being Fellows or Scholars, are for the time being members of the Governing Body.”.

Amendment of Clause 4 of Supplemental Letters Patent of 1911 (Amendment to the Constitution of the Board of Trinity College, Dublin).

3.—(1) The Supplemental Letters Patent of 1911 shall be read as if the following words were deleted therefrom where the same appear in Clause 4 thereof, that is to say, the words “shall consist of the Provost and seven Senior Fellows, and the Fellows, if any, other than Senior Fellows who may be elected by the Board, as hereinafter provided, to the office of Bursar, Senior Lecturer, or Registrar, together with two representatives of the Fellows of Our said College other than Senior Fellows, and two representatives of the body of professors enumerated in Schedule II hereto, to be elected as hereinafter provided, and that the following provisions shall have effect in regard to such Governing Body” and including thereafter the entirety of sub-clauses (1), (2), (3) and (4) thereof and as if in substitution therefor the following words were inserted therein, that is to say, the words “shall be in accordance with the provisions of The Trinity College, Dublin (Charters and Letters Patent Amendment) Act, 2000.”.

(2) The Board shall comprise:

(a) The Provost, Vice-Provost, Senior Lecturer, Registrar and Bursar;

(b) Six Fellows;

(c) Five members of the academic staff who are not Fellows at least three of whom must be of a rank not higher than senior lecturer;

(d) Two members of the academic staff of the rank of professor;

(e) Three members of the non-academic staff;

(f) Four students of the College at least one of whom shall be a post-graduate student;

(g) One member not being an employee or student of the College chosen by a committee of the Board which shall comprise the Provost and two members of the Board from among nominations made by such organisations as are representative of such business or professional interest as the Board considers appropriate;

(h) One member appointed by the Board on the nomination of the Minister for Education and Science following consultation with the Provost.

(3) The Secretary and the Treasurer shall attend meetings of the Board.

(4) The Secretary shall be the Secretary to the Board.

(5) The provisions herein providing for the constitution of the Board may be altered or amended by the laws, statutes and ordinances for the governance of the College in accordance with the College's statutory procedures for such alterations and amendments provided that such alterations or amendments may modify the constitution of the Board only in a manner consistent with the purpose and substance of the sections mentioned in section 4 (2) of the Universities Act, 1997 .

(6) In the event that the Board is suspended, the Visitors shall within a period of three months of such suspension oversee procedures to determine the re-establishment of the Board as provided for in the laws, statutes and ordinances for the governance of the College, including the Consolidated Statutes for the time being in force.

Amendment of the Supplemental Charter of 1637 (Appointment of Provost of Trinity College, Dublin).

4. —(1) The Supplemental Charter of 1637 shall be read and construed as if the following words were deleted therefrom where the same appear, that is to say the words:

“nos pro ea cura quam singularem habemus erga universum regnum Hiberniae, et specialiter erga Collegium praedictum, hanc potestatem antea concessam Sociis Collegii praedicti pro tempore existentibus, cum assensu et consensu eorundem Praepositi, Sociorum, et Scholarium, nobismet ipsis, et haeredibus, et successoribus nostris, in perpetuum reservari volumus, et declaramus per praesentes. Et idcirco mandamus, ut quandocunque et quomo-docunque contigerit Praeposituram dicti Collegii vacare; et Vice-praepositus pro tempore existens (vel eo absente Socius maxime senior qui domi fuerit) vacationem statim significet Cancellario academiae sive universitatis praedictae pro tempore existenti, et Cancellarius, absque mora, nobismet ipsis, haeredibus, vel successoribus nostris, renunciet,” and the translation of the words deleted provided as follows:

“We, for the singular care which we have towards the whole Kingdom of Ireland, and especially towards the aforesaid College, will and declare by these presents that this power, previously granted to the Fellows of the aforesaid College for the time being and their successors shall, forever, with the assent and consent of the same Provost, Fellows and Scholars, be reserved to us, our heirs and successors.

And therefore we command that whenever and in whatsoever manner the Provostship of the said College shall happen to be vacated, the Vice-Provost for the time being (or in his absence the most senior Fellow who shall be in the house) shall immediately S.4 notify the vacancy to the Chancellor of the aforesaid academy or University for the time being and the Chancellor, without delay, shall announce it to us,” and as if in substitution for the words so last deleted the following words were inserted therein, that is to say, the words “Praepositus Collegii Trinitatis apud Dublinium a Collegio ipso in officium illud eligetur juxta modum quem leges ad Collegium gubernandum constitute una cum Statutis Consolidatis eo tempore valentibus praescribunt.”. The translation of the words substituted provides as follows:

“The Provost of Trinity College, Dublin shall be chosen by the College in the manner provided for by the laws for the governance of the College including the Consolidated Statutes for the time being in force.”.

(2) The Supplemental Charter of 1637 shall be read and construed as if the following words were deleted therefrom where the same appear, that is to say, the words:

“... donec novus Praepositus a nobis, haeredibus et successoribus nostris nominetur, et in Praeposituram in dicto Collegio admittatur ...” and the translation of the words deleted provided as follows:

“... and until a new Provost be named by us, our heirs and successors, and admitted to the Provostship of the said College...”.

Confirmation of Charters and Letters Patent described in the Preamble.

5. —Save as amended by this Act, the unrepealed portions of the Charters and Letters Patent described in the Preamble to this Act shall be and remain in full force and effect.

Expenses.

6. —The costs, charges and expenses preliminary to and of and incidental to the preparing, obtaining and passing of this Act shall be paid by the College out of its funds.

Short title.

7. —This Act may be cited as The Trinity College, Dublin (Charters and Letters Patent Amendment) Act, 2000.