LEGAL AND CHARITABLE STATUS OF THE UNIVERSITY
The University of Sunderland is a Higher Education Corporation established by Order of the Secretary of State under Section 121 of the Educational Reform Act, 1988, which included provisions that existing Polytechnics, including Sunderland Polytechnic, should become Higher Education Corporations, independent of the Local Education Authorities. They became formally established on 21st November, 1988.
By Section 126 of the 1988 Act, property rights and liabilities transferred to and vested in Sunderland Polytechnic from the Local Authority on 1st April, 1989.
The Further and Higher Education Act 1992 subsequently made provision for the Privy Council to grant degree-awarding powers to Higher Education Corporations and to allow an Higher Education Corporation to change its name to 'university'. The Privy Council formally agreed to Sunderland Polytechnic having the power to award degrees by Order in Council made on 4th June 1992, and to its becoming 'University of Sunderland' by letter dated 16th June, 1992, this power taking effect on 1st September, 1992.
Sunderland Polytechnic was one of the first polytechnics established in 1969; however its roots as an educational institution go back to 1860 when the School of Science and Art was founded.
The Privy Council on 26th April, 1993 made an Instrument of Government under the provisions of the 1992 Act, which (inter alia) regulates the composition of the Board of Governors. The Board of Governors pursuant to the 1988 Act (as amended by the 1992 Act) have, with the consent of the Privy Council, adopted Articles of Government for the management of the University which came into effect on 27th June, 1996.
The University is not a company and is therefore not registered as such.
The University is recognised in law as a charity and under the provisions of Schedule 2 of the Charities Act, 1993, this University, and all other Higher Education Corporations created by the 1988 Act, were granted the status of "Exempt Charities". This means that, unlike most other charitable trusts, it is not required to be formally registered with the Charity Commissioners.
One of the objectives of the Commissioners is ‘to promote compliance by charity trustees with their legal obligations in exercising control and management of the administration of their charities.
Regulation of this objective was effectively devolved to the Higher Educating Funding Council for England by the Charities Act, 2006. The Act requires the Commissioners to consult HEFCE before exercising any of its powers in relation to an exempt charity. The Commissioners agreed a Memorandum of Understanding with HEFCE dated 1st June, 2010, which describes how the Commission and HEFCE will work together, taking into account existing processes and powers available to HEFCE.
For further information see:-
http://www.hefce.ac.uk/finance/charities/