The UWI's Repository of Governing Documents

 

Definitions for Repository of  The UWI's Governing Documents

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CHARTER​

The Charter is the constitutive document of The UWI, that is, it established The UWI as a corporation. It is a Royal Charter, meaning, a Charter granted by the British Sovereign on the advice of the British Privy Council. At one time, Royal Charters were the only means of incorporating a body but over time that has changed. Today, the most common method of incorporation is registration under the Companies Act. Three Charters have been granted in the life of The UWI.

The Statutes are the internal laws of The UWI. They are made by the Council “on the recommendation of, or after consultation with the Senate” in accordance with section 20(3) of the Charter. The Council is the governing body of The UWI and the Senate is the academic authority, overseeing all academic matters, of The UWI. According to section 20(1) of the Charter, “The Statutes shall (inter alia):

1. ​prescribe or regulate as the case may be the composition, constitution, functions, powers and duties of the Authorities of the University...” and


2. ​provide for the appointment, continuance in office, power and duties of the Chancellor, Vice-Chancellor, Pro-Chancellor, Chairmen of the Campus Councils, Treasurer, pro-Vice-Chancellors, Campus Principals, Deputy Campus Principals, Deans of the Faculties, University Registrar, University Bursar, University Librarian and other officers of the University.”

The Ordinances are also internal laws of The UWI but they are less powerful than the Statutes. By virtue of section 23 of the Charter, the Statutes will prevail over the Ordinances in the case of conflict. The Ordinances are also made by the Council in accordance with section 21(1) of the Charter “to direct and regulate the University and its Authorities and members.”

The Regulations are also internal laws of The UWI but they are less powerful than the Ordinances. By virtue of section 23 of the Charter, the Ordinances will prevail over the Regulations in the case of conflict. Regulations are made by the Senate in accordance with section 21(1) of the Charter “to direct and regulate the University and its Authorities and members.”

Policies are official statements of the course of action or principle of action which The UWI will employ in dealing with specific situations or eventualities. 
In the case of conflict, the Charter, Statutes, Ordinances and Regulations prevail over Policies.

Procedures are the specific methods or steps prescribed by The UWI to achieve a specific outcome or to translate policies into action. 
In the case of conflict, the Charter, Statutes, Ordinances and Regulations prevail over Procedures.

In the internal UWI legal framework, Guidelines are similar to Procedures and should be treated accordingly. 
In the case of conflict, the Charter, Statutes, Ordinances and Regulations prevail over Guidelines.

There are a number of codes within the internal UWI legal framework. A code, in The UWI system, is a set of conventions or principles governing behaviour or activity in a particular sphere. 
The UWI Financial Code, 2008, for example, sets out “the broad policies on the general systems of financial management and control to be followed by members of the University entrusted with or having responsibility for financial matters related to the University.” The UWI Financial Code, 2008 is supplemented by another document, the Financial Procedures and Guidelines, which contains the detailed procedures. 

In the case of conflict, the Charter, Statutes, Ordinances and Regulations prevail over Guidelines.​​