Further and Higher Education (Scotland) Act 2005

26 Academic freedom S

(1) A [F1 post-16 education] body must have regard to the desirability of—

(a) ensuring the academic freedom of relevant persons; and

(b) ensuring that the matters mentioned in subsection (2) are not adversely affected by the exercise of a relevant person's academic freedom.

(2) Those matters are—

(a) the appointment held; and

(b) any entitlements or privileges enjoyed,

by the relevant person at the [F2 post-16 education] body.

(3) In this section, a “relevant person” is a person who is engaged in—

(a) teaching, or the provision of learning, at a [F3 post-16 education] body; or

(b) research at a [F4 post-16 education] body.

(4) For the purposes of this section, “academic freedom” includes freedom (within the law) to—

(a) hold and express opinion;

(b) question and test established ideas and received wisdom; and

(c) present controversial or unpopular points of view.

Textual Amendments

F1 Words in s. 26(1) substituted (3.3.2014) by Post-16 Education (Scotland) Act 2013 (asp 12), s. 23(2), Sch. para. 8(19)(a); S.S.I. 2014/21, art. 2, Sch. 1 (with art. 3(3)(4))

F2 Words in s. 26(2) substituted (3.3.2014) by Post-16 Education (Scotland) Act 2013 (asp 12), s. 23(2), Sch. para. 8(19)(b); S.S.I. 2014/21, art. 2, Sch. 1 (with art. 3(3)(4))

F3 Words in s. 26(3)(a) substituted (3.3.2014) by Post-16 Education (Scotland) Act 2013 (asp 12), s. 23(2), Sch. para. 8(19)(c); S.S.I. 2014/21, art. 2, Sch. 1 (with art. 3(3)(4))

F4 Words in s. 26(3)(b) substituted (3.3.2014) by Post-16 Education (Scotland) Act 2013 (asp 12), s. 23(2), Sch. para. 8(19)(c); S.S.I. 2014/21, art. 2, Sch. 1 (with art. 3(3)(4))

Commencement Information

I1 S. 26 in force at 3.10.2005 by S.S.I. 2005/419, art. 2(1)