Act No. 1236 of 18 December 2012 to amend diverse provisions on mergers and divisions of educational institutions, etc., Sections 1 and 8 on amendments to the University Act

(The possibilities for mergers and divisions of universities as well as institutions of research and education, etc.)

1.-(1)

The Act on Universities (the University Act), cf. Consolidation Act no. 652 of 24 June 2012, is amended as follows:

i. Section 7 is amended as follows:

“7.-(1) The Minister for Science, Innovation and Higher Education may authorise a university to offer other advanced degree programmes in accordance with the regulations laid down for these degree programmes. Subject to the approval of another minister, the university may offer programmes in accordance with rules laid down by the minister concerned.”

ii. In Section 8A(2), the phrase “on the approval of another minister, cf. section 7, and on agreement with the minister in question” is amended to “pursuant to section 7,”.

iii. In section 8A, the following is inserted after subsection (2) as a new subsection:

"Subsection (3). With regard to the communication treated in subsections (1) and (2), the minister may also lay down rules prescribing obligatory use of a specific digital system and secure identification.”

Subsection (3) becomes subsection (4).

iv. In 21(3), the phrase “of the Funds of Foundations and Board Fees, etc.“ is amended to “and the Administration of the Funds of Foundations”.

v. Section 31 is amended as follows:

“31.-(1) The minister for science, innovation and higher education may approve exceptions to the provisions of the act as recommended by the institutions involved. This also applies in connection with the approval of mergers between universities or mergers between universities and other research institutions. For institutions which are not under the jurisdiction of the minister for science, innovation, and higher education, such approval is granted after negotiations with the relevant minister.

(2) In connection with the approval of collaboration activities under subsection 1, as regards collaboration between universities and governmental research institutions, the minister may decide that funds paid by the State to a third party on behalf of the university, may be offset under section 24(5) against the university’s subsidies under section 19(1) and section 20(1).

(3) Mergers pursuant to subsection (1) take place without liquidation through the transfer of the rights and duties of the university, the institution of higher education or the research institution to the new or the continuing institution.

(4) The minister for science, innovation and higher education may, on the recommendation of the boards of the institutions which wish to demerge, authorise a university to transfer some of its rights and duties to another university, another research institution or another institution of higher education in connection with the demerger. A demerger takes place by means of the transfer of parts of the university’s rights and duties to one or more existing or new institutions. For institutions which are not under the jurisdiction of the minister for science, innovation, and higher education, such approval is granted after negotiations with the relevant minister.

(5) A condition for mergers under subsection (1) and demergers under subjection (4) is that no curtailment of existing rights may take place as a result of the merger.

(6) Mergers under subsection (1) and demergers under subsection (4) may be implemented without the consent of creditors.

(7) The minister for science, innovation and higher education may lay down more specific rules in connection with collaboration between universities or between universities and research institutions or other institutions of higher education, as well as on mergers and demergers.”

vii. In section 38(7-8), “The Copenhagen Business School (Handelshøjskolen i København)” is amended to “Copenhagen Business School - Handelshøjskolen”.

 vii. The following is inserted after Section 45:

“45A.-(1) Government civil servants who are transferred to another employing authority in connection with mergers or demergers of universities or other institutions of education or research under the Ministry of Science, Innovation and Higher Education pursuant to Section 31 may elect to retain their position as civil servants while performing their job functions at the institution to which they have been transferred in connection with the merger or demerger.

(2) Other civil servants who are transferred to another employing authority in connection with mergers or demergers of universities or other institutions of education or research under the Ministry of Science, Innovation and Higher Education pursuant to Section 31 are transferred to employment under the new employing authority on terms which are equivalent to those governing their previous employment.

(3) The institution to which the civil servant is transferred shall pay the wages and pension contributions to the Treasury for civil servants whose employment conditions are governed by subsection (1) and (2), including any expenses for compensation during temporary unemployment, redundancy pay or money payable after death. Current pension payments are to be paid by the State, cf. however subsection (6). If the institution is abolished, any expenses for compensation during temporary unemployment or allowance pay and money payable after the death of a public servant of the self-governing institution are to be paid by the Treasury if the abolished institution does not have sufficient funds to cover these expenses.

(4) The head of the senior management team at the institution makes all decisions regarding suspensions, initiation of an official examination of the work of a public servant, imposition of disciplinary punishment and bringing actions for slander pursuant to the rules laid down in the Act on Public Servants.

(5) Decisions pursuant to subsection (4) which affect the rector and the remaining members of the institution’s senior management team are the responsibility of the board.

(6) The provisions in Section 67(6-11)of the Act on University Colleges for Advanced Degree Programmes on civil servants who are transferred to a university college pursuant to the legislation pertinent to the municipal reform apply to the institutions which take on such civil servants after a demerger from or a merger with a university college.

8.-(1)

Stk. 1. The Act comes into force on 1 July 2013; however, see subsection (2) and (3).

(2) Sections 1 and 2 come into force the day after its publication in Lovtidende.

(3) The minister for science, innovation and higher education determines the time at which section 7 comes into force.

(4) Rules laid down pursuant to the Royal School of Library and Information Science remain in force until repealed or amended.

(5) Civil servants employed at the Royal School of Library and Information Science may, in connection with the merger of the Royal School of Library and Information Science with a government-subsidised self-governing institution, elect to retain their employment status as civil servants when performing their duties as employees of the government-subsidised self-governing institution. These civil servants are not entitled to receive compensation during temporary unemployment, redundancy pay or pension as a result of the transition and are under an obligation to submit to any changes in the extent and form of their services resulting from this transition.