Prospective
This section has no associated Explanatory Notes
15(1)Section 31 (freedom of expression in universities etc) is amended as follows.E+W
(2)In subsection (1)—
(a)in paragraph (b), omit the final “or”;
(b)after paragraph (b) insert—
“(ba)a constituent college, school or hall or other institution in England or Wales of an institution within paragraph (b), or”.
(3)In subsection (2), for paragraph (a) substitute—
“(a)must have particular regard to the duty—
(i)to take steps to secure freedom of speech imposed by section 43(1) of the Education (No. 2) Act 1986, if it is subject to that duty;
(ii)to take steps to secure freedom of speech imposed by section A1(1) of the Higher Education and Research Act 2017, if it is subject to that duty;”.
(4)In subsection (3), for paragraph (a) substitute—
“(a)must have particular regard to the duty—
(i)to take steps to secure freedom of speech imposed by section 43(1) of the Education (No. 2) Act 1986, in the case of authorities that are subject to that duty;
(ii)to take steps to secure freedom of speech imposed by section A1(1) of the Higher Education and Research Act 2017, in the case of authorities that are subject to that duty;”.
(5)In subsection (4), for paragraph (a) substitute—
“(a)must have particular regard to the duty—
(i)to take steps to secure freedom of speech imposed by section 43(1) of the Education (No. 2) Act 1986, in the case of an authority that is subject to that duty;
(ii)to take steps to secure freedom of speech imposed by section A1(1) of the Higher Education and Research Act 2017, in the case of an authority that is subject to that duty;”.
(6)In subsection (5)—
(a)omit the definition of “the duty to ensure freedom of speech”;
(b)for the definition of “academic freedom” substitute—
““academic freedom”—
(a)
in relation to a registered higher education provider or a constituent institution of such a provider has the meaning given by section 85(6) of the Higher Education and Research Act 2017;
(b)
in relation to an institution in Wales or an institution in Scotland means the freedom referred to in section 202(2)(a) of the Education Reform Act 1988;”;
(c)after the definition of “academic freedom” (inserted by paragraph (b)) insert—
““constituent institution”, in relation to a registered higher education provider, has the same meaning as in Part A1 of the Higher Education and Research Act 2017 (see section A4(4) of that Act);
“institution in Scotland” means an institution whose activities are carried on, or principally carried on, in Scotland;
“institution in Wales” means an institution whose activities are carried on, or principally carried on, in Wales;”;
(d)for the definition of “qualifying institution” substitute—
(e)after the definition of “qualifying institution” (inserted by paragraph (d)) insert—