Legal and Regulatory Landscape

In this section
Legal and Regulatory Landscape
University of Aberdeen Designated Safeguarding Officers

February 2024

Lead Safeguarding Officer:

  • Tracey Slaven - University Secretary and Chief Operating Officer

Principal Safeguarding Officer:

  • Debbie Dyker - Director of People

Designated Safeguarding Officers:

Schools

  • Biological Sciences; Graeme Paton
  • Business School; John Skatun
  • Divinity, History and Philosophy; Beth Lord
  • Education; Catriona MacDonald
  • Engineering; Ekaterina Pavlovskaia
  • Geosciences; David Muirhead
  • Language, Literature, Music and Visual culture; Chris Collins
  • Law; Greg Gordon
  • Medicine, Medical Sciences and Nutrition; Siladitya Bhattacharya
  • Natural and Computing Sciences; David McGloin
  • Psychology; Douglas Martin
  • Social Science; Ian Greener

Directorates

  • People; Debbie Dyker
    Nick Edwards (Deputy)
  • Estates and Facilities; Morag Beers
  • Finance; Mark White
  • Digital and Information Services; Brian Henderson
  • Planning; Hulda Sveinsdottir
  • Research and Innovation; Liz Rattray
  • Academic Services and On-Line Education; Gillian Mackintosh
  • Advancement; Liza Boffen-Yordanov
  • External Relations and Marketing; Ashar Ehsan
The Legal and the Regulatory Framework

The Legal Framework

The University must comply with a significant and complex range of Scottish, UK and EU law, regulations and directives.

Familiar examples include:

  • The General Data Protection Regulation (GDPR)
  • Data Protection Act 2018
  • Environmental Information (Scotland) Regulations 2004
  • Equality Act 2010
  • Freedom of Information (Scotland) Act 2002
  • Health and Safety at Work Act 1974
  • Public Finance and Accountability (Scotland) Act 2000

The Regulatory Framework

The University is also accountable to Scottish Ministers, Scottish Parliament and a wide range of statutory, regulatory, funding and professional authorities for its conduct and compliance with a range of regulations, standards and good practice for core teaching, research and administrative activities.

Examples include:

  • The Auditor General for Scotland
  • The Department for Business, Innovation and Skills (BIS)
  • The Health & Safety Executive (HSE)
  • The Higher Education Statistics Agency (HESA)
  • Office of the Scottish Charities Regulator (OSCR)
  • Information Commissioner (ICO)
  • The Office of the Scottish Information Commissioner (OSIC)
  • The Quality Assurance Agency for Higher Education in Scotland (QAA)
  • Research Councils UK (RCUK)
  • The Scottish Funding Council (SFC)
  • The Scottish Public Services Ombudsman (SPSO)

Compliance builds public confidence and trust. It also demonstrates the University's commitment to improve practice. Failure to do so may result in performance review, financial penalties, reputational damage or criminal prosecution.

The University's governing body has a collective responsibility for ensuring effective compliance with legal and regulatory obligations through its governance framework.

The University institutes appropriate policies, processes and procedures to help staff understand our obligations and achieve compliance.

Constitutional Basis

The University of Aberdeen, founded in 1495, is one of the four ancient Scottish Universities, and was created by Papal Bull.

Unlike many modern universities, the University's constitution is not contained within a single document, but comprises a combination of Acts of Parliament, Ordinances which require the approval of the Privy Council, and Resolutions of the University Court. In this, we are no different from any of the other three Ancient Scottish Universities.

The document which contains the constitutional framework within which the University operates is the enclosed publication entitled The Acts, Ordinances and Resolutions Affecting the University of Aberdeen 1858-2023.

The 1858 Act merged and incorporated King's College and Marischal College, Aberdeen under the title of the University of Aberdeen and confirmed the original foundation date of 1495.

Definitions of Court Terms

As a body corporate, the Court is recognised in law as owning a legal personality separate and distinct from the personality of its members, and hence as capable of owning property, entering into contracts, employing staff, and suing and being sued.

Perpetual succession signifies the Court's power to appoint its own members (subject to statute) without further reference to any external authority.

The Common Seal represents the Court's authority to secure or guarantee its undertakings. The University Seal, together with signatures of Court members continues to be used to endorse formal legal documents on behalf of the University.

An Ordinance is a further definition or stipulation of existing powers, as prescribed by Acts of Parliament - for example, amendment of the composition of Court, Senate, etc. This requires the consent of the Privy Council.

A Resolution represents the elucidation of a power which is within the Court's own competence to enact - for example, the creation of a new Chair.

Counter-Terrorism and Security Act

The University is committed to safeguarding the welfare of its students and staff, and to meeting its duties under the Counter Terrorism & Security Act 2015 and the UK Government's associated Prevent strategy. This places responsibility on higher education institutions to 'have due regard to the need to prevent people being drawn into terrorism'. The Prevent duty is explained in detail in the Statutory Guidance issued by the Scottish Government.

Following an internal audit of the University of Aberdeen's arrangements for complying with the Prevent duty, a new Policy and revised appendices were written and agreed by the Policy and Resources Committee:

The following FAQs are intended to provide further information for staff and students to refer to if required.

Gaelic / Gàidhlig

Learn more about the University's Gaelic Plan and some of the Gaelic initiatives and events going on across the University.
Ionnsaichibh barrachd mu Phlana Gàidhlig an Oilthigh agus cuid de na h-iomairtean is tachartasan Gàidhlig a tha a' ruith air feadh an Oilthigh.

Choose to read in Gaelic or English by clicking on the links below
Taghaibh Gàidhlig no Beurla bho na ceanglaichean sìos an-seo:

English

Duilleag-Dhachaigh (Gàidhlig)

Health and Safety

The following information was prepared by the Health and Safety Executive. All employers are obliged by law to bring it to the attention of their employees.

Health and Safety Law - what you need to know

All workers have a right to work in places where risks to their health and safety are properly controlled. Health and safety is about stopping you getting hurt at work or ill through work. Your employer is responsible for health and safety, but you must help.

What employers must do for you

  1. Decide what could harm you in your job and the precautions to stop it. This is part of risk assessment.
  2. In a way you can understand, explain how risks will be controlled and tell you who is responsible for this.
  3. Consult and work with you and your health and safety representatives in protecting everyone from harm in the workplace.
  4. Free of charge, give you the health and safety training you need to do your job.
  5. Free of charge, provide you with any equipment and protective clothing you need, and ensure it is properly looked after.
  6. Provide toilets, washing facilities and drinking water.
  7. Provide adequate first-aid facilities.
  8. Report major injuries and fatalities at work to our Incident Contact Centre
    0845 300 9923. Report other injuries, diseases and dangerous incidents
    online at www.hse.gov.uk
  9. Have insurance that covers you in case you get hurt at work or ill through work. Display a hard copy or electronic copy of the current insurance certificate where you can easily read it.
  10. Work with any other employers or contractors sharing the workplace or providing employees (such as agency workers), so that everyone's health and safety is protected.

What you must do

  1. Follow the training you have received when using any work items your employer has given you.
  2. Take reasonable care of your own and other people's health and safety.
  3. Co-operate with your employer on health and safety.
  4. Tell someone (your employer, supervisor, or health and safety representative) if you think the work or inadequate precautions are putting anyone's health and safety at serious risk.

If there's a problem

  1. If you are worried about health and safety in your workplace, talk to your employer, supervisor, or health and safety representative.
  2. You can also look at our website for general information about health and safety at work.
  3. If, after talking with your employer, you are still worried, you can find the address of your local enforcing authority for health and safety and the Employment Medical Advisory Service via the HSE's website www.hse.gov.uk.

Fire safety

You can get advice on fire safety from the Fire and Rescue Services or your workplace fire officer.

Employment rights

Find out more about your employment rights at: www.direct.gov.uk.