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For other uses of "Visitor", see Visitor (disambiguation).

A visitor, in English and Welsh law and history, is an overseer of an autonomous ecclesiastical or eleemosynary institution, often a charitable institution set up for the perpetual distribution of the founder's alms and bounty, who can intervene in the internal affairs of that institution. Those with such visitors are mainly cathedrals, chapels, schools, colleges, universities, and hospitals.

Many visitors hold their role ex officio, by serving as the British sovereign, the Archbishop of Canterbury, the Lord Chancellor, the Lord President of the Council, the Lord Chief Justice, or the bishop of a particular diocese. Others can be appointed in various ways, depending on the constitution of the organization in question. Bishops are usually the visitors to their own cathedrals. The Queen usually delegates her visitatorial functions to the Lord Chancellor. During the reform of the universities of Oxford and Cambridge in the 19th century, Parliament ordered Visitations to the universities to make inquiries and to reform the university and college statutes.

There is a ceremonial element to the role, and the visitor may also be called upon to give advice where an institution expresses doubt as to its powers under its charter and statutes. However, the most important function of the visitor was within academic institutions, where the visitor had to determine disputes arising between the institution and its members. The right of the visitor, and not the courts, to adjudge on alleged deviations from the statutes of academic colleges was affirmed in the case of Philips v. Bury, 1694, in which the House of Lords overruled a judgement of the Court of King's Bench.[1][2] Traditionally, the courts have been exempted from any jurisdiction over student complaints. There had been much speculation that this contravened the Human Rights Act 1998. However, the Higher Education Act 2004 transferred the jurisdiction of Visitors over the grievances of students in English and Welsh universities to the Office of the Independent Adjudicator.

Outside England and Wales

The position has also existed in universities in other countries which have followed the English and Welsh model (there being no such office in Scotland), although in many countries the visitor's role in complaints has been transferred to other bodies.

In the Republic of Ireland, the Universities Act, 1997[3] redefines the appointment, function and responsibility of a visitor. Where a university does not have a Visitor, a visitor may be appointed by the Government and must be either a current Judge of the High Court or a retired Judge of the High Court or Supreme Court.

In Fiji the Court of Appeal in Muma v USP [1995] FJLawRp 16 declared that in default of appointment, the country's President was the Visitor of a university established by the Queen since Fiji had subsequently become a republic.[4]

The Governor of Victoria is the visitor to all Victorian universities, but has only ceremonial duties.

The Governor of New South Wales is the visitor to Macquarie University, Sydney Grammar School, and the University of Sydney pursuant to statute.[5][6][7][8] The governor is also the visitor of the University of Wollongong by the University of Wollongong Act 1989.[9] Only ceremonial duties can be exercised by the Governor of NSW in his or her role as visitor; this is mandated under the same Act.

In Canada, Prince Philip, Duke of Edinburgh, as a member of the Canadian Royal Family, has served as visitor to Upper Canada College, in Toronto, Ontario, since 1955.

Also in Canada, the Queen's Representative in Ontario, His Honour the Lieutenant Governor of Ontario, serves as the visitor to the University of Western Ontario in London, Ontario.[10] A similar arrangement has the Lieutenant Governor of Newfoundland and Labrador serving as the Visitor to Memorial University of Newfoundland. [11] On a slightly higher level, the Governor General of Canada automatically serves as the official visitor of McGill University.[12] The Anglican Bishop of Montreal is visitor to Bishop's University in Lennoxville, Quebec while the Anglican Bishop of Huron is the visitor to Renison University College in Waterloo, Ontario.

In India, the President of India is the visitor to 126 Central government institutes[13] (e.g. the IITs[14]).

In the United States, the office of visitor, from its early use at some colleges and other institutions, evolved specifically into that of a trustee. Certain colleges and universities, particularly of an earlier, often colonial founding, are governed by boards of visitors, often chaired by a rector (rather than regents or trustees, etc.). Examples include the College of William and Mary and the University of Virginia.

In Nigeria, the Visitor in publicly funded tertiary institution is the most senior member of government. This is usually the President in federally funded Universities or the Governor for State funded Universities. [15] [16]

See also

References

  1. ^ William Blackstone (1753), Commentaries on the Laws of England, Book 1, Chapter XVIII "Of Corporations", Section 3
  2. ^ "Opinion of John Holt (King's Bench)" (DOC). Oxcheps.new.ox.ac.uk. Retrieved 27 February 2015.
  3. ^ (eISB), electronic Irish Statute Book. "electronic Irish Statute Book (eISB)". www.irishstatutebook.ie.
  4. ^ http://www.paclii.org/cgi-bin/sinodisp/fj/cases/FJLawRp/1995/16.html
  5. ^ http://handbook.mq.edu.au/PDFs/cal-act.pdf
  6. ^ "SYDNEY GRAMMAR SCHOOL ACT 1854 - SECT 14 Governor to be visitor". Austlii.edu.au. Retrieved 27 February 2015.
  7. ^ "Documenting Democracy". Foundingdocs.gov.au. Retrieved 23 April 2014.
  8. ^ "Visitors of the University - Senate - The University of Sydney". Sydney.edu.au. Retrieved 23 April 2014.
  9. ^ University of Wollongong Act 1989. Austlii.edu.au (30 March 2012). Retrieved 14 May 2012.
  10. ^ The Lieutenant Governor of Ontario - Honours and Awards Archived 12 June 2011 at the Wayback Machine. Lt.gov.on.ca (24 February 2012). Retrieved 14 May 2012.
  11. ^ RSNL1990 CHAPTER M-7 - Memorial University Act. Assembly.nl.ca. Retrieved 14 May 2012.
  12. ^ News: McGill University congratulates former Principal on being named Governor-General of Canada. Mcgill.ca (8 July 2010). Retrieved 14 May 2012.
  13. ^ "President as Visitor of Central Institutes of Higher Learning". presidentofindia.nic.in. Retrieved 13 January 2017.
  14. ^ "IIT Review 2004 : Acknowledgement" (PDF). Iitk.ac.in. Retrieved 27 February 2015.
  15. ^ https://oouagoiwoye.edu.ng/the-visitor/
  16. ^ https://www.ui.edu.ng/uigovernance
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