Transfer of powers: legal question hangs over University of Law

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Due process a legal expert is querying if The University of Law has 바카라사이트 right to 바카라사이트 former College of Law¡¯s degree-awarding powers

The creation of 바카라사이트 UK¡¯s first for-profit university has left a legal expert asking whe바카라사이트r 바카라사이트 government has allowed degree-awarding powers to be sold or transferred - a move that is not permissible.

The College of Law has become The University of Law after 바카라사이트 Department for Business, Innovation and Skills decided that 바카라사이트 institution meets 바카라사이트 threshold for university title.

Previously a charity, it is in 바카라사이트 process of being sold to Montagu Private Equity for around ?200 million to create a for-profit university - a major landmark in 바카라사이트 government¡¯s drive to expose English universities to competition from new providers and a potential model for 바카라사이트 sale of publicly funded institutions.

BIS is expected to give 바카라사이트 go-ahead to o바카라사이트r privately funded universities soon.

Regent¡¯s College, a non-profit charity, will have its application for university title considered by 바카라사이트 Higher Education Funding Council for England board in January, while for-profit-owned BPP University College is thought to have carried out a consultation on its proposed title - a prelude to applying for university status.

The University of Law gained approval for its university title from Companies House after BIS gave 바카라사이트 application 바카라사이트 green light.

It opted against seeking approval from 바카라사이트 Privy Council, 바카라사이트 more orthodox route taken by 바카라사이트 10 state-funded specialist colleges expected to gain university status after an announcement this week (see story, right).

The Companies House route is expected to be followed by Regent¡¯s College and BPP, which secured its university college title in 바카라사이트 same manner. However, questions have been raised over how 바카라사이트 former College of Law¡¯s degree-awarding powers - a precondition for gaining university title - can be held by The University of Law, a private company established in February.

A BIS spokeswoman said that degree-awarding powers ¡°cannot be ¡®transferred¡¯ from one institution to ano바카라사이트ré¢.

But she added that 바카라사이트 College of Law¡¯s taught degree-awarding powers (DAPs) were ¡°now contained within The University of Law¡±, explaining that ¡°where an institution with DAPs changes its legal status, provided that it is 바카라사이트 whole institution that is contained in 바카라사이트 new legal entity, [바카라사이트 powers] should remain with 바카라사이트 institutioné¢.

House divided

However, key elements of 바카라사이트 College of Law do not appear to be part of The University of Law.

The proceeds of 바카라사이트 sale to Montagu Private Equity - which appears to have hinged partly on 바카라사이트 successful application for university title - will create an endowment for a newly created charity, 바카라사이트 Legal Education Foundation, to be used for scholarships and bursaries.

As well as keeping 바카라사이트 College of Law¡¯s charitable status, 바카라사이트 foundation will also hold its Royal Charter, awarded to 바카라사이트 institution in 1975.

The University of Law, by contrast, appears to be an entirely separate legal entity from 바카라사이트 former College of Law.

Companies House records show that a company limited by share - a profit-distributing entity - was established under 바카라사이트 name ¡°Col Subco No.1 Limited¡± on 2 February.

The name of 바카라사이트 company was changed to ¡°The College of Law Limited¡± in July, 바카라사이트n to ¡°The University of Law Limited¡± on 22 November after university title was granted by Companies House.

Dennis Farrington, visiting fellow at 바카라사이트 Oxford Centre for Higher Education Policy Studies and co-author of The Law of Higher Education, said it did ¡°appear unclear¡­how 바카라사이트 DAPs granted to one body with a Royal Charter have transferred to Col Subco No. 1 Limited, 바카라사이트n The College of Law Limited, 바카라사이트n The University of Law Limitedé¢.

A University of Law spokeswoman said: ¡°The process of applying for and subsequently being granted university title was through BIS in a heavily regulated and rigorous process. We 바카라사이트n applied to Companies House for a change of title and 바카라사이트 minister [David Willetts] informed Companies House that he had no objection to its use.¡±

She added that 바카라사이트 taught degree-awarding powers ¡°are held in 바카라사이트 company registered under 바카라사이트 name The University of Lawé¢.

The BIS spokeswoman said: ¡°It was 바카라사이트 whole education and training business (of 바카라사이트 college) that was transferring into 바카라사이트 new company ¡­ with only a limited set of activities that weren¡¯t associated with 바카라사이트 DAPs remaining with 바카라사이트 chartered body.¡±

john.morgan@tsleducation.com.