A new governance structure was approved for the Goldsmiths Students' Union with effect from 1 September 2008. The aims were to meet changing student needs, and to enable the Union to conform to the requirements of the 2006 Charities Act. Against this background, certain aspects of the formal relationship with the College were also clarified.
1 Articles of Governance and Bye-Laws
The new Charities Act, passed in November 2006 but long-anticipated, was the catalyst for many Students' Unions, including the Goldsmiths Students' Union, to review their governance structures. The most significant change for students' unions resulting from the Charities Act was that all those with a turnover in excess of £100,000 now fall under the Charity Commission's regulation.
Council approved the Articles of Governance on 22 March 2007 (to take effect from 1 September 2008), and they were then approved by a Students' Union referendum on 23 April 2007. These are for an "Unincorporated Association". The Goldsmiths Students' Union may in future become a "Charitable Incorporated Organisation", which is a legal form which will become available as part of the implementation of the 2006 Charities Act at national level. Provisions have been incorporated into the Articles for this transition to be made, but in the immediate future the Students' Union intends to become a Registered Charity under its current status of Unincorporated Association.
The first Students' Union elections under the new Articles took place in Spring 2008.
[Download the Students' Union Articles of Governance ]
The Articles of Governance are accompanied by Bye-Laws.
[Download the Students' Union Byelaws ]
One of the requirements of the Education Act is that the Constitution of the Students' Union be reviewed at intervals of not more than five years. Since at Goldsmiths the Articles of Governance contain the Constitution, it is proposed that a review of these be conducted in 2011-12.
The Articles of Governance and Bye-Laws will in future be underpinned by a Memorandum of Understanding on more operational matters, such as management of the Students' Union building.
2 The College's obligations in relation to the governance of the Students' Union:
the Code of Practice
It should be noted that the Charities Act (2006), and any future new legal form of the Students' Union, will not change the College's obligations, under the 1994 Education Act, to oversee the activities of the Students' Union in certain specific ways. The Articles and the Bye-Laws now approved are consistent with the 1994 Act obligations. College approval is required (via the Senior Management Team) for those Bye-Laws relevant to the College's continuing obligations under the Act.
The 1994 Education Act requires the Council, as governing body of the College, to take such steps as are reasonably practicable to secure that the Students' Union operates in a fair and democratic manner and is accountable for its finances (22(1)), and in particular to secure that the requirements listed in Section 22(2) of the Act are observed by or in relation to the Union. Section 22(3) requires the Council to institute a Code of Practice setting out how it will meet its legal obligation in respect of overseeing Students' Union activities. (The Code at Goldsmiths operates to a large extent by cross-reference to the Articles of Governance and Bye-Laws, and will be amended editorially on an ongoing basis to reflect any re-numbering of these documents.)
[Code of Practice]
[Financial Statements of the Union received by Council under the Code of Practice]
3 Announcement of Charitable Objectives to Students
Under Section 22(4)(b) of the Education Act 1994, the College is obliged to draw to the attention of students the restrictions imposed on the activities of the Student Union by the law relating to charities. Such a statement has been included at the end of the Code. (This reflects the charitable objectives of the Students' Union as set out in the Articles of Governance approved by Council on 22 March 2007, as subsequently amended by the Chair of Council in the light of advice from the Charities' Commission.)
4 Student representation on committees and collaboration on key policy issues
The College's policy on student representation, formulated at the time of the review of student representation which took effect from 1 September 2005, is that student membership should be included on the composition of every committee unless a particular reason is identified for this not to be the case.
In June 2008 Academic Board approved the Goldsmiths Student Charter.
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