SCHEDULEMinor and consequential amendments
PART 2Counter-Terrorism and Security Act 2015
I115
1
Section 31 (freedom of expression in universities etc) is amended as follows.
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;
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;
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;
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.