PART 5 E+W+SRisk of being drawn into terrorism

CHAPTER 1E+W+SPreventing people being drawn into terrorism

31Freedom of expression in universities etcE+W+S

(1)This section applies to a specified authority if it is the proprietor or governing body of—

(a)an institution that provides further education (within the meaning given by section 2(3) of the Education Act 1996), F1...

(b)an institution that provides courses of a description mentioned in Schedule 6 to the Education Reform Act 1988 (higher education courses) [F2, F3...

[F4(ba)a constituent college, school or hall or other institution in England or Wales of an institution within paragraph (b), or]

(c)a post-16 education body within the meaning of the Further and Higher Education (Scotland) Act 2005]

(2)When carrying out the duty imposed by section 26(1), a specified authority to which this section applies—

[F5(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;

(ii)to take steps to secure freedom of speech imposed by section A1(1) of the Higher Education and Research Act 2017, if it is subject to that duty;]

[F6(aa)must have particular regard to the need to ensure freedom of speech, if it is the proprietor or governing body of an institution mentioned in subsection (1)(c);]

(b)must have particular regard to the importance of academic freedom, if it is the proprietor or governing body of a qualifying institution.

(3)When issuing guidance under section 29 to specified authorities to which this section applies, the Secretary of State—

[F7(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;

(ii)to take steps to secure freedom of speech imposed by section A1(1) of the Higher Education and Research Act 2017, in the case of authorities that are subject to that duty;]

[F8(aa)must have particular regard to the need to ensure freedom of speech, in the case of authorities that are proprietors or governing bodies of institutions mentioned in subsection (1)(c);]

(b)must have particular regard to the importance of academic freedom, in the case of authorities that are proprietors or governing bodies of qualifying institutions.

(4)When considering whether to give directions under section 30 to a specified authority to which this section applies, the Secretary of State—

[F9(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;

(ii)to take steps to secure freedom of speech imposed by section A1(1) of the Higher Education and Research Act 2017, in the case of an authority that is subject to that duty;]

[F10(aa)must have particular regard to the need to ensure freedom of speech, in the case of an authority that is the proprietor or governing body of an institution mentioned in subsection (1)(c);]

(b)must have particular regard to the importance of academic freedom, in the case of an authority that is the proprietor or governing body of a qualifying institution.

(5)In this section—

F11...
[F12“the need to ensure freedom of speech” means the need to take such steps as are reasonably practicable to ensure that freedom of speech within the law is secured for members, students and employees of the institution in question and for visiting speakers;]
[F13“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;]
[F14“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;]
[F15“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;]
[F16“registered higher education provider” has the meaning given by section 3(10)(a) of the Higher Education and Research Act 2017.]