Tertiary Education and Research (Wales) Act 2022 Explanatory Notes

Academic freedom and institutional autonomy

Section 17: Academic freedom of higher education providers and staff

72. This section requires the Welsh Ministers and the Commission to have regard to the need to protect the academic freedom of tertiary education providers in Wales that provide higher education or research and innovation and of academic staff at those providers (subsection (1)).

73. “Academic freedom” in relation to tertiary education providers is defined in subsection (2) as the freedom to determine the content, teaching, supervision and assessment of higher education courses, the criteria for admission to higher education courses, and the criteria for selecting and appointing academic staff (subsection (2)).

74. “Academic freedom” in relation to academic staff is defined in subsection (2) as their freedom within the law to question and test received wisdom and to put forward new ideas and controversial or unpopular opinions, without jeopardising their employment or privileges at the provider.

Section 18: Institutional autonomy of tertiary education providers

75. This section requires the Welsh Ministers and the Commission when exercising their functions under this Act to have regard to protecting the freedom of tertiary education providers in Wales within the law to conduct their day to day management in an effective and competent manner.