36Duty to protect academic freedom
(1)In performing its access and participation functions, the OfS has a duty to protect academic freedom including, in particular, the freedom of institutions—
(a)to determine the content of particular courses and the manner in which they are taught, supervised and assessed,
(b)to determine the criteria for the selection, appointment and dismissal of academic staff and apply those criteria in particular cases, and
(c)to determine the criteria for the admission of students and apply those criteria in particular cases.
(2)In performing those functions, subsection (1) applies instead of section 2(1)(a) (duty of OfS to have regard to the need to protect institutional autonomy) in relation to the freedoms mentioned in subsection (8)(b) and (c) of that section.
(3)For the purposes of this section, the OfS’s “access and participation functions” are the functions conferred on it by or under—
(a)section 21 (refusal to renew an access and participation plan), and
(b)sections 29 to 34 (access and participation plans).