Statute CXLVII. (147)

Irish Universities Act, 1908

University College, Cork

We, the Governing Body of University College, Cork, under and by virtue of the powers in that behalf conferred on us by the said Act, Do by this present instrument under the Seal of University College, Cork, make the Statute contained in the Schedule hereof for the general government of the said College.

Given under the Common Seal of University College, Cork, this twenty-eighth day of February, 1989.

Present when the Common Seal of University College, Cork, was affixed:

(Signed)

M. P. MORTELL, President.

S. DOONAN, Governor.

M. F. KELLEHER, Secretary.

Statute CXLVII. (147)

Schedule

Statutes I to CXLVI. (1 to I46) of University College, Cork, shall be read and construed with the additions, modifications and amendments hereinafter set forth.

CHAPTER I.
Increased Stipends

1. Notwithstanding any provisions to the contrary contained in Statutes I. to CXLVI. (1 to 146) of University College, Cork, the annual stipends of the President, of the Vice-President, of the full-time Professorships referred to in Statute CXXXII. (132), Chapter I., section 4(a), and of the full-time Officers shall be increased, as from 1 July 1988, by 15% of the annual stipends payable as on 1 May 1986; the resulting stipends shall also be subject to the increases, effective from dates subsequent to 1 May 1986, as provided elsewhere in these Statutes but payable with effect from 1 July 1988.

CHAPTER II.
Professorship - Former Holder of Office of President

1. There shall be established in the College, in the event of its institution by the National University of Ireland, a Professorship (untitled) in the Faculty, Department and subject which shall be assigned as the Governing Body shall decide.
2. The holder of the said Professorship shall be a former holder of the Office of President who, having served as President for a period of ten years and not having attained the age of sixty-five years, does not retire and is deemed by the Governing Body to be suitable to hold said Professorship; said Professor shall hold office until he shall have attained the age of sixty-five years and shall not be continued in office thereafter.
3. The stipend of the Professorship shall be the maximum stipend as provided in Statute CXXXII. (I 32), Chapter I. section 4(a), as amended:

   Provided that the amount of any pension payable to the former President, calculated in accordance with the provisions of Clause 13 of the Pension Scheme annexed to Statute LXXIX. (79), on the basis of one-sixtieth of final salary for each year of pensionable service, arising on his ceasing to hold said Office and the amount of the stipend attaching to the Professorship hereby established shall not, in aggregate, exceed eighty per cent of the stipend of the Office of President.

4. The said Professorship shall be a full-time office within the meaning of the Statutes of the College and of the University.
5. The said Professorship shall be a pensionable office to which the provisions of Statute LXXIX. (79), as amended, and of the Pension Scheme annexed thereto, as amended, shall apply.

   Provided that the provisions for the continuance in office after having attained the age of sixty-five years shall not apply;

   and

   Provided that the Final Salary on which any pension relating to said Professorship is calculated shall be the maximum stipend as provided in Statute CXXXII. (132). Chapter 1. , section 4(a), as amended.

6. The said Professorship shall, subject to the foregoing provisions of this Chapter, be tenable for the same term and upon the same conditions and the holder thereof shall be subject to the same duties and obligations as if said Professorship had been included in Statutes I. to CLXVI. (1 to 146) of University College, Cork.

CHAPTER III.
Professorship of Law
Professorship of Law No. 2

1. The Professorship of Common Law and the Professorship of Jurisprudence, established by Statute I., Chapter XIII., section 1, as amended, and the Professorship of Law established by Statute CXI (iii), Chapter II. , are hereby abolished.
2. There shall be established in the College, in the event of their institution by the National University of Ireland, a Professorship of Law and a Professorship of Law No. 2.
3. The said Professorships shall be in the Department of Law and shall be full-time offices within the meaning of the Statutes of the College and of the University. The stipend of each of the Professorships shall be the same as that provided in Statute CXXXII. (132) Chapter I., section 4(b), as amended.
4. The duties of the Professors of Law shall be to teach in legal subjects in conformity with the provisions of Chapter IV. of this Statute under the general direction of the Head of the Department of Law for all degrees, diplomas and certificates of the University and for all diplomas and certificates of the College. They shall also examine in such legal subjects for the College and, if required by the Senate to do so, for the University.
5. The said Professorships shall be pensionable offices to which the provisions of Statute LXXIX. (79), as amended, and the Pension Scheme annexed thereto, as amended, shall apply.
6. The holder of each of the said Professorships shall from time to time, if so appointed by the Governing Body, act as Head of the Department of Law for such period or periods as the Governing Body may decide or until the appointment shall have been terminated by the Governing Body.
7. The said Professorships shall be tenable for the same terms and upon the same conditions and the holders thereof shall be subject to the same duties and obligations as if the said Professorships had been included in Statutes I. to CXLVI. (1 to 146) of University College, Cork.

CHAPTER IV.
Department of Law

1. There shall be a Department of Law which shall comprise the Professorships of Law established by Chapter III. of this Statute, and the whole of the membership of the Department of Law which existed immediately prior to the coming into force of this Statute and any other Professorships, Lectureships and Assistantships which may be hereafter established.
2. The Professor of Law and the Professor of Law No. 2 shall teach and examine in all legal subjects which may from time to time be offered by the Department of Law for all degrees, diplomas and certificates of the University and for all diplomas and certificates of the College. They shall also examine in such legal subjects for the College and, if required by the Senate to do so, for the University
3. The Professor of Law and the Professor of Law No. 2 when both are holding office shall have the right by agreement among themselves to allocate and re-allocate between themselves the duties of teaching and examining in the legal subjects referred to in section 2 of this Chapter. In the event of the establishment of a further Professorship or Professorships in the Department of Law, all the Professors in the Department shall similarly have the right by agreement among themselves to allocate and re-allocate between themselves the duties of teaching and examining in the legal subjects referred to in section 2. Subject to the foregoing, the Governing Body, having considered any views submitted by the Academic Council, following consultation with the relevant Faculties shall have power from time to time to allocate or re-allocate responsibility for the teaching and examining of legal subjects.
4. The Governing Body shall have power from time to time to make provision for the appointment of a Head of the Department of Law in accordance with the provisions of Statute CXL. (140),Chapter I.
5. Professors and Lecturers in the Department of Law shall carry out their teaching duties under the general direction of the Head of the Department of Law.
6. Statute CXI. (Ill), Chapter II, is hereby revoked.

CHAPTER V.
Lectureship in Law
Lectureship in Law No. 2

Statute LXXII. (72), Chapter VI., section 3 and Statute LXXVIII. (78), Chapter I., section 3, as amended, are each, with the consent of the present holder of Lectureship in Law No. 2, hereby revoked and replaced by the following:

"3 The duties of the Lecturer shall be to lecture in legal subjects under the direction of the Head of the Department of Law for all degrees, diplomas and certificates of the University and for all diplomas and certificates of the College. He shall also examine in legal subjects for the College and, if required by the Senate to do so, for the University. He shall, in addition, discharge such other duties appropriate to the office as shall be assigned to him by the Head of the Department of Law ".

CHAPTER VI.
Pension Provisions

1. • (a) The provisions of Statute CXLI. (141), Chapter II., in replacement of the provisions of `Statute LXXIX. (79), Chapter I., section 7(a), are hereby replaced by the following:

     "7(a)(i). The President shall hold office for a period of ten years or for the period until he shall have attained the age of sixty-five years, whichever period shall first expire. On retiring on the date of ceasing to hold office, the former President shall be entitled to a pension in accordance with the provisions of Statute LXXIX. (79), as amended, and the Pension Scheme annexed thereto, as amended. Alternatively, should a former President not retire and be appointed to the Professorship established by Statute CXLVII. (147), Chapter II., and is under the age of sixty years, said pension shall be subject to the provisions regarding the payment of preserved pensions as set out in Statute CVIII. (108), Chapter V., as amended".

   • (b) Statute LXXIX. (79). Chapter I., section 7(a)( ii). shall be amended by the addition thereto of the following: "Provided that in the case of a former President who has been appointed to the Professorship established by Statute CXLVII. (147) Chapter II., the provisions regarding extension in Office after the age of sixty-five years shall not apply".
   • (c) Statute CVIII. (108), Chapter IV., section 3(a), is hereby amended by the addition thereto of the following:

     "Provided that in the case of a President who dies while holding the Office of President and who would have been eligible for appointment to the Professorship established by Statute CXLVII. (147), Chapter II., the annual pension of the spouse shall be calculated as if the said President had been appointed to the said Professorship and had died on attaining the age of sixty-five years".

2. Clause 8 of the Pension Scheme annexed to Statute LXXIX. (79), as amended, by Statute CVIII. (108), Chapter III., section 9, and by Statute CXXXVIII. (138), Chapter I., section 1, is hereby further amended, with effect as from 1 July, 1986, as follows:
   • (a) by the insertion of the words "at least" before the words once each year" in the first sentence;
   • (b) by the deletion of the second sentence and in lieu thereof by the substitution of the following: "The basis on which such a review shall be made shall be that the relativity of the pension to the salary attaching to the post on which it was calculated shall be maintained".
   • (c) by the deletion of the proviso added by virtue of Statute CXXXVIII. (138), Chapter I., section 1.
3. • (a) Clause 15 of the Pension Scheme annexed to Statute LXXIX. (79), as amended by Statute CVIII. (108), Chapter III., section 11, is hereby further amended by the addition thereto of the following:

     "Provided that in the case of a participant who elects to receive a lump sum on retirement and in cases where the final salary of a participant is subject to the application of a special pay increase being implemented by instalments the amount of the final salary may be augmented as determined by the Governing Body to include part or all of a further instalment or instalments of the special salary increase payable from a date subsequent to date of retirement".

   • (b) Clause 24 of the Pension Scheme annexed to Statute LXXIX. (79), as amended by Statute CVIII. (108), Chapter III. , section 14, is hereby further amended by the addition thereto of the following: "Provided that in cases where the participant's salary on the date of his death is subject to the application of a special pay increase being implemented by instalments, the amount of the final salary may be augmented, as determined by the Governing Body, to include part or all of a further instalment or instalments of the special salary increase payable from a date subsequent to date of death".
   • (c) Statute CVIII. (108), Chapter IV., as already amended by sub-section 1(b) of this Chapter is hereby amended by the addition thereto of the following:

     " and
     Provided that in cases where the final salary of the deceased participant is subject to the application of a special pay increase being implemented by instalments, the amount of the final salary may be augmented, as determined by the Governing Body, to include part or all of a further instalment or instalments of the special salary increase payable from a date subsequent to date of death".

4. Statute CXLV. (145), Chapter I., section 4(a) is hereby amended by the substitution of the word "former" for the word "further" where it appears in the second line of said sub-section.

CHAPTER VII.

1. This Statute shall be construed with and as part of Statute I. to CXLVI. of University College, Cork and may be cited as Statute CXLVII. of University College, Cork or Stat. CXLVII. of Univ. Coll. Cork.
2. This Statute shall come into operation on the twenty-eighth day of February, 1989.

Present when the Common Seal of University College, Cork, was affixed.

(Signed)

M. P. MORTELL, President.

S. DOONAN, Governor.

M. F. KELLEHER, Secretary.