STATUTE LAW REVISION: SIXTEENTH ... - Law Commission

expired 5 and the repeals proposed would delete references to them from the face
of the statute book.
3.3 The two Universities and their colleges have been consulted over these
proposals as has the Privy Council and the Department for Education and
Employment. No objections have been made.
20 Durham University Act 1861
3.1 According to its long title, the purpose of the Durham University Act 1861 was to
make provision for the good government and extension of the University of
Durham. In common with the Universities of Oxford and Cambridge Acts
referred to above, the 1861 Act provided for the appointment of Commissioners
to achieve that result. They were given wide powers to examine accounts and
other documents and to make Ordinances for maintaining and imposing the
discipline, studies and good government of the Universities and Colleges. The
Act provided for their powers to expire no later than 1st July 1863. Moreover the
University is now governed exclusively in accordance with modern university
statutes. 6 The Act is accordingly spent and may be repealed. The University
and colleges, the Privy Council and the Department for Education and
Employment have been consulted on this repeal proposal. There have been no
objections.
21 Victoria University Act 1888, University of Wales Act 1902, University of Liverpool
Act 1904, Leeds University Act 1904, University of Bristol Act 1909, Sheffield
University Act 1914, University of Reading Act 1926, University of Nottingham
Act 1949, University of Southampton Act 1953
3.1 These Acts contain broadly similar provisions to ensure that all job opportunities,
privileges and exemptions that might be available to graduates from the
Universities of Oxford, Cambridge or London should be equally available to
graduates from the newer Universities. Indeed, with the exception of the
University of Bristol Act 1909 and the post-1914 Acts, this was the sole purpose
of the Acts. They reflect a striving on the part of new Universities for equality of
status with the older Universities on the basis that a degree that would provide
job eligibility or exemption from further qualification if granted by Oxford,
Cambridge or London should carry the same weight if granted by one of the new
Universities. The first of these Acts, the Victoria University Act 1888, provided
the model for the subsequent Acts. 7
3.2 These provisions are now obsolete and are recommended for repeal. The
degrees awarded by the newer Universities no longer need statutory equivalence
with Oxford, Cambridge or London. Whilst the newer Universities are less
venerable than the long-established institutions, the statutory provisions
concerning the status of their degrees no longer serve any practical utility and
are now unnecessary. All the Universities affected by the proposal to repeal
5 The powers of the Oxford Commissioners expired on 31 December 1926. Those of the
Cambridge Commissioners expired on 31 December 1927.
6 Under the provisions of the Universities of Durham and Newcastle-upon-Tyne Act 1963.
7 The Victoria University is still the proper style of Manchester University. Originally the
University comprised the Universities of Manchester, Liverpool and Leeds.
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