Section 15 of the Universities (Scotland) Act 1889 provides that the Universities Commissioners appointed under the Act may ‘make ordinances’ to extend any of the universities by affiliating new colleges to them, subject, inter alia, to the condition that the University Court of the College shall be consenting parties.
Section 16 provides that, ‘without prejudice to any of the powers hereinbefore conferred, the Commissioners shall, with respect to the University of St Andrews and the University College of Dundee, have power (1) to affiliate the said University College to, and make it form part of, the said University with the consent of the University Court of St Andrews and also of the said college, with the object, inter alia, of establishing a fully equipped, conjoint university school of medicine, having due regard to existing interests, and to the aims and constitution of the said college as set forth in its deed of endowment and trust.’
By section 19 it is provided that the draft of any ‘ordinance’ prepared by the Commissioners must be submitted to the University Court, the Senatus Academicus, and the General Council of the University affected, who are empowered within three months to state objections and to propose amendments.
Section 20 provides (1) that all ‘ordinances’ made by the Commissioners shall be published in the Gazette, and laid before both Houses of Parliament, and if neither House presents an address praying the Queen to withhold her consent, it shall be lawful for the Queen in Council to approve of the ordinance; (2) that the University Court, Senatus Academicus, General Council, or any person directly affected by ‘any such ordinance’ may petition the Queen in Council to withhold her approbation of the whole or any part thereof, and on hearing the petition, the Queen in Council may either declare her approbation of the ordinance in whole or part, or signify her disapproval thereof, ‘and no such ordinance shall be effectual until it shall have been so published, laid before Parliament, and approved by Her Majesty in Council.
Held (rev. decision of a majority of Seven Judges) that the Commissioners could only exercise the power, conferred upon them by section 16, of affiliating the University College of Dundee to the University of St Andrews by issuing an ordinance according to the procedure prescribed by the Act, which would not be effectual until it had been laid before Parliament and approved by the Queen in Council.
Judges:
Lord Chancellor (Herschell), Lord Watson, Lord Ashbourne, Lord Macnaghten, and Lord Morris
Citations:
[1895] UKHL 402, 32 SLR 402
Links:
Jurisdiction:
Scotland
Education
Updated: 14 June 2022; Ref: scu.634056