Higher Education and Research Act 2017

14 Public interest governance condition

(1) For the purposes of section 13(1)(b), “a public interest governance condition” in relation to a provider means a condition requiring the provider’s governing documents to be consistent with the principles in the list published under this section, so far as applicable to the provider.

(2) The OfS must determine and publish a list of principles applicable to the governance of English higher education providers.

(3) The principles must be those that the OfS considers will help to ensure that English higher education providers perform their functions in the public interest.

(4) The list may include different principles for different descriptions of English higher education providers.

(5) The OfS may revise the list.

(6) If the OfS revises the list, it must publish it as revised.

(7) The list (as originally determined and as revised) must include the principle that academic staff at an English higher education provider have freedom within the law—

(a) to question and test received wisdom, and

(b) to put forward new ideas and controversial or unpopular opinions,

without placing themselves in jeopardy of losing their jobs or privileges they may have at the provider.

(8) Before determining or revising the list, the OfS must consult—

(a) bodies representing the interests of English higher education providers which appear to the OfS to be concerned,

(b) the Secretary of State, and

(c) such other persons as the OfS considers appropriate.