Higher Education (Freedom of Speech) Act 2023

Prospective

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—

• ““qualifying institution” means any of the following—

  (a)

  a registered higher education provider,

  (b)

  a constituent institution of such a provider, and

  (c)

  an institution in Wales or an institution in Scotland which is a qualifying institution for the purposes of section 202 of the Education Reform Act 1988;”;

(e) after the definition of “qualifying institution” (inserted by paragraph (d)) insert—

• ““registered higher education provider” has the meaning given by section 3(10)(a) of the Higher Education and Research Act 2017.”

Commencement Information

I1 Sch. para. 15 not in force at Royal Assent, see s. 13(3)