What are the legal obligations of a governor (trustee) of a higher education institution?
For English higher education institutions (HEIs) that are unincorporated organisations the principles of trusteeship are set out in the Trustee Act 2000. For HEIs that are incorporated – by Royal Charter, as a company, or as a higher education corporation – the general principles are similar, but will depend also on the HEIs governing documents and laws applying to corporations such as the Companies Act. The Charity Commission has published detailed guidance on the role and responsibilities of trustees generally. Governors of HEIs should also be familiar with: • Guide for Members of Higher Education Governing Bodies This is published by the Committee of University Chairs. • Model Financial Memorandum between HEFCE and institutions Annex I summarises HEFCE’s expectations of members of HEIs’ governing bodies.
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