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diversity of governance
Diversity of governance
Higher education is extremely diverse, and although most of the issues facing governing bodies are generically similar the arrangements for dealing with them often vary quite considerably. The main differences derive from:
- The legal and constitutional basis of institutions varies.The terms 'pre-1992' and 'post-1992' institutions are often used to characterise the governance differences caused by the 1992 Further and Higher Education Act, but within these groups there may be small differences which distinguish the details of governance in one institution from those in another. For example, a small number of post-1992 institutions are companies limited by guarantee, and as a result have different governance arrangements. A few others are so-called 'church colleges' because they have an association with particular religious faiths, and this may be reflected in their governance arrangements.
- Although most of the functions of governing bodies are common to all institutions, there are some differences. For example, most post-1992 boards have an explicit responsibility for 'determining educational character and mission' that is not the case in the pre-1992s. Institutional size may also affect governance with governors being drawn into more activities in small colleges than in most large universities.
- Devolution has meant that the regulatory and funding requirements of the various funding bodies for England,
Wales,
Scotland and
Northern Ireland are starting to differ more. For example, the financial memorandum with institutions is now significantly different in
Scotland and England. A consequence of this is that when governing body members read HEFCE papers they cannot assume that what applies in England also applies elsewhere in the UK. Recent reviews of governance in Wales and Scotland may lead to further diversity.
- There are different traditions and culture influencing the way governance has been conducted within institutions which affect such factors as the size and nature of board membership, relations with the Executive, and links between the governing body and the senate or academic board.
- There are significant differences in institutional size and mission, and this tends to influence governance to the extent that in small colleges or more specialist institutions there may be less developed professional administrative services, with the consequence that governors may sometimes become more involved in directly advising management than in larger institutions. It is likely that private providers of higher education will adopt different governance structures.
- Even the terminology used to describe key bodies varies quite widely across the UK. For example, 'board of governors' is the term used in most (but not all) post-1992 institutions, 'council' in most (but not all) pre-1992s and a few post-1992s, and 'court' is the usual term in
Scotland (which, however, means different things in England!). There are similar differences in the titles and roles of key committees (although audit and nominations committees are generally standard).
Institutions are increasingly adopting new governance arrangements, a development facilitated by a more flexible attitude from the privy Council.
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