1.General provisions
1.1 Background
The University was incorporated by way of the University of Southampton Act (1952). The University
Charter, Statute and general regulations are published on the Governance and policies page. These describe the governance of the University and the powers and responsibilities of University Committees, including the University Council.
The University is an exempt charity and under the terms of the Charities Act 2011 is responsible to the Office for Students (OfS) as principal regulator of English Higher Education Institutions to ensure their compliance with Charity Law.
The Terms and Conditions of Funding for Higher Education Institutions between OfS and the University sets out the requirements for information to enable OfS to carry out their responsibilities as principal regulator. The memorandum reflects OfS’ responsibility to provide annual assurances to Parliament that:
- funds provided to institutions are being used for the purposes for which they were given
- risk management, control and governance in the institution are effective
- value for money is being achieved
A condition of grant is that the University must use OfS and Research England funds only for activities that are eligible for funding under the Further and Higher Education Act 1992 and apply proper processes that ensure effective accountability. These Financial Regulations form part of the overall system of accountability.
This document sets out the University’s Financial Regulations. It provides practical guidance detailing the University’s policies relating to financial control.
These Financial Regulations must be read in combination with the University’s Finance Policies. The Financial Regulations set down the principles that must be followed and the Policies detail the way in which the principles must be applied.
1.2 Status of Financial Regulations
These Financial Regulations are subordinate to the University’s Charter and Statutes and to any restrictions contained within the OfS publication ‘Terms and conditions of funding for higher education institutions’. In the event of any potential conflict, the Charter and Statutes will take precedence.
The purpose of these Financial Regulations is to provide control over the totality of the University’s resources and provide the University with an appropriate financial regulatory framework which ensures that resources are used with due regard to propriety, regularity and value for money in the context of the achievement of the University’s strategic plan.
Compliance with the Financial Regulations and Financial Policies is compulsory for anyone with a contractual relationship with the University (this includes all employees, honorary staff, Council members and official University visitors including those working on a voluntary basis). A member of staff who fails to comply with the Financial Regulations or Finance Policies may be subject to disciplinary action under the University’s Disciplinary procedures. Council will be notified of any material breach through Audit Committee. It is the responsibility of Deans/ Vice-President Operations to ensure through induction on appointment that all staff are made aware of the need to comply with the Financial Regulations.
Finance Committee oversees the maintenance of the Financial Regulations and advises Council of any additions or changes.
In exceptional circumstances, Finance Committee or the Chair of Finance Committee acting on behalf of that Committee, may authorise a departure from these Financial Regulations. Such a departure would be reported to Council at the earliest opportunity.
The University’s accompanying Finance Policies and Procedures set out how these Financial Regulations must be implemented. In exceptional circumstances, the Vice-President Operations or the Executive Director, Finance & Planning may authorise a departure from a Finance Policy or Procedure, providing that this does not constitute a departure from the underlying principles of the Financial Regulations. These exceptions will be recorded and reported to Finance Committee on an annual basis.
The Terms and Conditions of Funding for Higher Education Institutions between the OfS and the University applies to ‘related undertakings’ which include all University subsidiary companies and joint ventures. The University Financial Regulations set out the compliance framework which all subsidiary companies and joint ventures must comply with. The Directors of the subsidiary company or joint venture are responsible for ensuring compliance with the University Financial Regulations.
The Directors of the subsidiary company or joint venture are responsible for ensuring compliance with these Financial Regulations. Where the Finance Policy states that subsidiaries must set their own policy, Directors are responsible for arranging for subsidiary specific policies to be written and for submitting them to the Executive Director, Finance & Planning who will review their suitability and recommend approval by Finance Committee.
The Directors of the company are responsible for the effective management of the subsidiary and for ensuring that appropriate processes and procedures are in place. The Directors must provide annual assurance statements to the University as set out in the Annual Assurance Process.