Good Governance Declarations
In accord with the , the University applies the throughout its operations and decision-making processes.
The University鈥檚 status as an exempt charity, which confers eligibility for UK charity tax relief, also bring a number of specific responsibilities in relation to good governance. These include requirements with respect to the individuals who can hold senior decision-making roles.
The University maintains a Register of Members’ Interests, whereby members of the Council and Senior Executive Staff are required to place on record their principal external interests.
The higher education regulatory body for England, the Office for Students (OfS), monitors the University’s compliance with the CUC Code and with its charitable body responsibilities as part of the conditions of registration as a higher education provider.
The University takes the above responsibilities very seriously and to support compliance and effective implementation has developed a number of policies with which staff, students (where applicable) and members of committees (whether staff, students or lay) are required to comply. These policies include the following:
Relevant staff and committee members are asked to complete two declarations on an annual basis:
Declaration 1: Staff needing to fill in the Register of Interests Form
- University senior executive officers
- All members of Council (staff, student and lay)
- Lay members of:
- Audit and Risk Committee
- Infrastructure Committee
- Finance Committee
- Health, Safety and Environment Committee
- Human Resources Committee.
Should any concerns arise in relation to either type of declaration, the Chief Operating Officer will decide whether the matter requires the attention of the Chair of Council who may take advice from the Governance and Nominations Committee before making a decision on whether any further action is necessary.
The information provided in both declarations may be disclosed to the Office for Students and HMRC as part of the University’s statutory reporting responsibilities.
Further notes on each declaration
Notes on the Register of Interests Declaration
A conflict of interest is defined as follows in the University’s Conflict of Interests Policy:
A situation in which a person has a secondary interest (personal or professional) that could actually or be perceived to influence or impair their judgement, decisions or actions in the discharge of their primary duties or responsibilities to the University, in their role. These might be Financial Conflicts of Interests or Non-Financial Conflicts of Interest.
When the avoidance of an actual or perceived conflict of interest is not possible, the conflict requires appropriate disclosure and management, to ensure fairness and transparency and to protect the individuals involved. If in doubt, those covered by the policy should disclose the conflict of interest and discuss how best to manage it.
There can be situations in which the appearance of a conflict of interest is present even when no conflict actually exists. Thus, it is important when evaluating a potential conflict of interest to consider how it might be perceived by others. The duty to declare a possible conflict applies to the perception of the situation rather than the actual existence of a conflict. However, the duty is not infringed if the situation cannot reasonably be regarded as likely to give rise to a conflict of interest.
Staff and members of key senior committees are required to complete the Register of Interests form on an annual basis, usually in October, which provides a record of any potential conflicts of interest in relation to individuals’ associations with other organisations and/or personal links.
The information provided is stored securely and only used in connection with the good governance of the University and statutory reporting requirements. The declaration will be retained in the Academic Registrar’s Office and is also published on the University website on the Good Governance Declaration Register of Interest page.
When attending committee or other decision-making meetings, if members believe a specific item may involve a conflict of interest, they should declare it at the beginning of the meeting and be prepared to absent themselves from the discussion of the item concerned, at the discretion of the chair.
Notes on the Fit and Proper Persons Declaration
Introduction
To maintain its charitable status, the individuals who have general control and management over the running of the University and the application of its assets must provide a fit and proper persons declaration. This is a statutory requirement and compliance with it is monitored by the Office for Students.
The individuals required to complete the Fit and Proper Persons declaration at Loughborough and the format of the declaration used by the University have been developed in accordance with the provided by HMRC.
What does “fit and proper” mean?
The HMRC definition of a fit and proper person is as follows:
An individual is “a fit and proper person” if they ensure, or are likely to ensure, that charity funds and tax reliefs are used only for charitable purposes.
Declaration Process
Relevant individuals are asked to sign a declaration confirming their commitment to act in accordance with this definition and to disclose, if applicable, certain information about their past that may impact on whether they are able to meet the definition. The declaration process is repeated annually, usually in October, to check that the information held remains up to date but individuals are also asked to notify the Head of Governance immediately if any changes occur during the year.