Higher Education Governance (Scotland) Act 2016

23 Upholding academic freedom S

(1) The Further and Higher Education (Scotland) Act 2005 is amended as follows.

(2) For section 26 (academic freedom) there is substituted—

“26 Academic freedom

(1) A post-16 education body must aim to—

(a) uphold (so far as the body considers reasonable) the academic freedom of all relevant persons, and

(b) ensure (so far as the body considers reasonable) that the matters mentioned in subsection (2) are not adversely affected by the exercise of academic freedom by any relevant persons.

(2) The matters are—

(a) appointments held or sought, and

(b) entitlements or privileges enjoyed,

at the post-16 education body by those relevant persons.

(3) In this section, “relevant persons” in relation to a post-16 education body means persons engaged in—

(a) teaching, or the provision of learning, at the body, or

(b) research at the body.

(4) For the purposes of this section, “academic freedom” in relation to relevant persons includes their freedom within the law to do the following things—

(a) hold and express opinions,

(b) question and test established ideas or received wisdom,

(c) develop and advance new ideas or innovative proposals,

(d) present controversial or unpopular points of view.”.

Commencement Information

I1 S. 23 in force at 30.12.2016 by S.S.I. 2016/382, reg. 2(1)