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5.—(1) Section 31 of the Act is amended in accordance with this regulation.
(2) In subsection (1), omit “or” at the end of paragraph (a) and after “(higher education courses)” in paragraph (b) add—
“, or
(c)a post-16 education body within the meaning of the Further and Higher Education (Scotland) Act 2005(1)”.
(3) In subsection (2), after paragraph (a) add—
“(aa)must have particular regard to the need to ensure freedom of speech, if it is the proprietor or governing body of an institution mentioned in subsection (1)(c);”.
(4) In subsection (3), after paragraph (a) add—
“(aa)must have particular regard to the need to ensure freedom of speech, in the case of authorities that are proprietors or governing bodies of institutions mentioned in subsection (1)(c);”.
(5) In subsection (4), after paragraph (a) add—
“(aa)must have particular regard to the need to ensure freedom of speech, in the case of an authority that is the proprietor or governing body of an institution mentioned in subsection (1)(c);”.
(6) In subsection (5), after the definition of “the duty to ensure freedom of speech” add—
““the need to ensure freedom of speech” means the need to take such steps as are reasonably practicable to ensure that freedom of speech within the law is secured for members, students and employees of the institution in question and for visiting speakers;”.
2005 asp 6, amended by the Post-16 Education (Scotland) Act 2013, asp 12.
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