Appendix D: Authority to bind the University: Schedule of delegations of authority to enter into contracts

Introduction

A review has been undertaken this term into who should be the appropriate signatories on contractual and other documents which commit or bind the University in some way. This review has been prompted by a lack of clarity around some documents as to who is authorised to sign, and in some cases, for historic reasons, documents are signed by very senior University officers when it may be appropriate to delegate this to other colleagues. A clear position on whom is authorised to sign what is also helpful in discussion with legal advisors.

Following discussion and consultation with the Head of Legal Services, the Director of Finance and the University’s solicitors, Martineau, the following schedule is proposed for Council’s consideration.

General Principles

1. The Vice-Chancellor and Chief Executive and the Registrar and Deputy Chief Executive can sign any document.
2. In the absence of the Vice-Chancellor and Chief Executive for any reason, any Deputy Vice-Chancellor can sign any document.
3. In the absence of the Registrar and Deputy Chief Executive for any reason, the Director of Finance, the Director of Academic Services and the Director of Personnel and Staff Development can sign any document.
4.  Any contract with a value greater than £500k must be signed by a member of VCEG.
5. Ordinary contracts for the purchase of goods and services such as catering, stationery and other consumables in budget centres must be made in accordance with Section E of the University’s Financial Regulations.
6. In the case of any conflict between this schedule and the Financial Regulations, the Financial Regulations will take precedence.

Documents by theme

This is not an exhaustive list but covers the most common documents which might be signed over the course of a year.

Research and Knowledge Transfer

Research Contracts <£500k – Director of Research and Knowledge Transfer or his/her nominees.

Research Contracts <£1m – Director of Research and Knowledge Transfer or a member of VCEG.

Research Contracts >£1m – A member of VCEG on the recommendation of the Director of Research and Knowledge Transfer.

IP contracts <£1m – Director of Research and Knowledge Transfer or a member of VCEG.

IP Contracts >£1m - A member of VCEG on the recommendation of the Director of Research and Knowledge Transfer.

Material Transfer Agreements – Director of Research and Knowledge Transfer or his/her nominees or the Head of Legal Services.

Non-disclosure/Confidentiality Agreements - Director of Research and Knowledge Transfer or his/her nominees or the Head of Legal Services.

Property

Deeds – Seal procedure (Section G5 of the Financial Regulations)

All other contracts relating to property including sales, purchases, tenancies, leases <£500k – Director of Estates Development or Director of Campus Services.

All other contracts relating to property including sales, purchases, tenancies, leases >£500k – Director of Finance or the Registrar and Deputy Chief Executive.

Construction contracts <£500k – Director of Estates Development or Director of Campus Services.

Construction contracts >£500k – Director of Finance or the Registrar and Deputy Chief Executive.

Employment

Employment contracts – Director of Personnel and Staff Development or his/her nominees.

Compromise agreements – Director of Personnel and Staff Development.

Awards made as a result of an Employment Tribunal ruling – Registrar and Deputy Chief Executive.

Education

Teaching contracts <£500k – College Dean or his/her nominees.

Teaching contracts >£500k – a member of VCEG (NB: The Vice-Chancellor and Chief Executive is the designated officer with regard to HEFCE).

Agreements with international agencies and institutions, including Memoranda of Agreement and Memoranda of Understanding <£500k – Director of International Exeter or Director of the International Office or their nominees.

Agreements with international agencies and institutions, including Memoranda of Agreement and Memoranda of Understanding >£500k – a member of VCEG.

Validation arrangements with other UK higher education institutions – Deputy Vice-Chancellor (Education) or another member of VCEG.

Tenders

<£500k – College Dean, Director of Service, or their nominees. >£500k – a member of VCEG.

Software licences

<£500k – Director of Academic Services or his/her nominees. >£500k – Director of Academic Services or another member of VCEG.

Donations

Deeds of Gift <£500k – Director of Development and Alumni Relations or his/her nominee.

Deeds of Gift >£500k – Registrar and Deputy Chief Executive or another member of VCEG.

Gifts of art <£500k – Director of Academic Services or his/her nominees.

Gifts of art >£500k – Director of Academic Services or another member of VCEG.

This Appendix was approved by Council on 17 December 2009.