UK Offence Report

Period of office

article 7 of The Robert Gordon University (Scotland) Order of Council 2006

This offence was read from the text as made, and no revised version was available, so a later revocation could not be ruled out. Check the current text at legislation.gov.uk.

What the provision says

Vacation of office of Governor

8 A Governor shall automatically cease to be

a Governor in the following circumstances:–

a the Governor resigns in writing;

b the Governor’s estate is sequestrated or

a bankruptcy order is made against the Governor or the Governor has granted

a trust deed for or entered into an arrangement with his or her creditors;

c in the opinion of the Board the Governor becomes unable to continue as

a Governor by reason of physical or mental incapacity;

d the Governor has failed to attend any meetings of the Board or of its committees for more than

6 months otherwise than for

a reason approved by the Board;

e two thirds of the total membership of the Board decides on good reason to remove

a Governor (other than the Principal);

f the Governor becomes ineligible to remain in office under articles 7(1), 7(2), 7(3), 7(6) or 7(7);

g the Governor has been convicted of

a criminal offence punishable by imprisonment;

h in the opinion of the Board the Governor has been involved in behaviour bringing the Governor or the University into disrepute;

i the Governor dies; or

j the Governor has breached

a contract between the Governor and the University or that Governor has materially breached any policy or procedure of the University.

Text as made, from legislation.gov.uk. © Crown copyright, reused under the Open Government Licence v3.0. This is the text as originally made; later amendments are not shown here.

Who it binds, and what has to be proved

Binds
a person
Conduct
breaching the provision
Fault element
Strict liability
Burden of proof
No statutory defence — prosecution proves everything

The prosecution must prove that the conduct happened. This is a strict liability offence as drafted: the provision uses no word of intention, knowledge, recklessness or negligence, so there is no need to show that a person meant to do it, knew about it, or was careless.

Intention, knowledge and carelessness are irrelevant to guilt. They may still matter a great deal to sentence.

The provision states no defence, so the prosecution bears the burden on every element of the offence.

Classifier’s reasoning: no word of intention, knowledge, recklessness or negligence in the offence or its provision.

What would breach article 7?

These are illustrations, not law. They are generated from the provision’s own words to show the shape of the offence. Whether any particular conduct is caught depends on the full text, on any amendment since, and on the facts.

  1. Doing what the provision prohibits, or failing to do what it requires under the Robert Gordon University (Scotland) Order of Council 2006.

Penalty

Mode of trial
Not determined
Maximum fine
Not determined
Maximum prison (summary)
Not determined

no penalty is stated in this instrument; it may be in the enabling Act, or in a general penalties provision this pass did not connect to the offence.

No penalty was determined from this instrument. It may be in the enabling Act, or in a general penalties provision this pass did not connect to the offence. Absence of a figure here is not evidence that the offence carries no penalty.

Sentencing

Offences of this kind are usually sentenced under the guidelines below. This is a mapping by subject, not a finding about this provision, and the links go to a search of the Sentencing Council’s own site.

Prosecution figures

No published per-offence figure was found for this provision, and it could not be matched to a Ministry of Justice offence code. Offences created by statutory instrument very largely do not have one. Absence of a figure is not evidence that the offence is unused.

Status and lifecycle

Current status
Status not determined
Made
30 May 2006
In force from
28 June 2006
Extent
Not stated

How this was established: read from the text as made; no revised version available, so later revocation could not be ruled out.

What the instrument is for

(This note is not part of the Order) — the explanatory note published with the instrument, © Crown copyright.

This Order is one of several instruments, being the Robert Gordon University (Establishment) (Scotland) Order 2006, the Designation of Institutions of Higher Education (Scotland) Order 2006, the Fundable Bodies (Scotland) Order 2006, the Robert Gordon University (Closure) (Scotland) Order 2006 and the Academic Awards and Distinctions (The Robert Gordon University) (Scotland) Order of Council 2006, which give effect to The Robert Gordon University’s desire that the university itself be incorporated rather than its governing body. This change necessitates the closing of the university as it is currently constituted and establishing a new institution of higher education. The Robert Gordon University (Establishment) (Scotland) Order 2006 establishes a new institution of higher education to be called the Robert Gordon University. On the date of coming into force of the Robert Gordon University (Closure) (Scotland) Order 2006, The Robert Gordon University, formerly known as The Robert Gordon Institute of Technology and whose name was changed in accordance with section 49 of the Further and Higher Education (Scotland) Act 1992 by resolution of the Governing Body on 18th March 1992 and consent of the Privy Council on 12th June 1992, will be closed and all property, staff, rights and liabilities will be transferred to that new institution. This Order makes provision regarding the constitution, functions and powers of that new institution of higher education, The Robert Gordon University and the arrangements to be adopted by it in discharging its functions. It replaces all of the provisions of The Robert Gordon University (Scotland) Order of Council 1993 which is revoked. This Order provides in article 3 for the objects for which the University will be conducted and the general functions of the University. It provides in article 4 for the powers of the Board (as the University’s supreme governing body). Articles 5 to 11, inclusive, regulate the administration of the University. Article 12 provides for the establishment, maintenance and disbanding of a Guild. It provides in article 13 for appointment of an Academic Council. Articles 14 and 15 make a consequential revocation and make saving and transitional provisions.

Read the full note and every offence in this instrument

How this was identified as an offence

Everything above rests on the judgement that this provision creates a criminal offence, rather than mentioning one. That judgement is made by rule, from the words of the provision, and this is the rule that made it — with a confidence of 0.60.

Basis
the provision says the conduct is “punishable”
Confidence
0.60 of 1.00

A provision that states a penalty for an offence created elsewhere can read very like one that creates an offence, and the rules can mistake the one for the other. If the text quoted above sets a penalty for something made an offence by another provision, treat the classification on this page with that in mind, and read the instrument.

Check the source