Proposed amendments
104 amendments across 11 provisions
Clause 1 45
Amendment text
“Freedom of speech” refers to the Convention right of freedom of expression set out in Article 10 of the European Convention for the Protection of Human Rights and Fundamental Freedoms as far as it consists of a right to impart ideas, opinions or information by means of speech, writing or images (including in electronic form).”
Amendment text
“Freedom of speech” refers to the Convention right of freedom of expression set out in Article 10 of the European Convention for the Protection of Human Rights and Fundamental Freedoms as far as it consists of a right to impart ideas, opinions or information by means of speech, writing or images (including in electronic form).”
Amendment text
Amendment text
“Freedom of speech” includes the freedom to—
The Bills API publishes only the tabling instruction here, not the inserted text itself — the full wording is set out in the marshalled Amendment Paper.
Amendment text
Amendment text
Amendment text
to express opinions about the registered higher education provider, including opinions concerning—
The Bills API publishes only the tabling instruction here, not the inserted text itself — the full wording is set out in the marshalled Amendment Paper.
Amendment text
Amendment text
Amendment text
Amendment text
In order to achieve the objective in subsection (2), the governing body of a registered higher education provider must secure that the provider does not enter into a non-disclosure agreement with a person referred to in that subsection in relation to a relevant complaint made to the provider by the person (and if such a non-disclosure agreement is entered into it is void).
Amendment text
Amendment text
Amendment text
Amendment text
““the Convention” has the meaning given by section 21(1) of the Human Rights Act 1998;”
Amendment text
Amendment text
““member”, in relation to a registered higher education provider, does not include a person who is a member of the provider solely because of having been a student of the provider;”
Amendment text
Amendment text
““within the law” means that the exercise of this freedom is subject to the duty to respect the rights of others and not to do or say anything that is prohibited by any enactment or rule of law.”
Amendment text
The objective in subsection (2) includes securing that no person listed in paragraphs (a) to (d) of subsection (2) is deprived of an ability to speak freely as a result of a non-disclosure agreement or confidentiality agreement between that person and the governing body of the registered higher education provider.
Amendment text
Amendment text
A provider must—
The Bills API publishes only the tabling instruction here, not the inserted text itself — the full wording is set out in the marshalled Amendment Paper.
Amendment text
For the purposes of subsection (1)—
The Bills API publishes only the tabling instruction here, not the inserted text itself — the full wording is set out in the marshalled Amendment Paper.
Amendment text
Amendment text
Amendment text
Amendment text
to express opinions about the registered higher education provider, including without limitation on opinions concerning its curriculums, governance, affiliations, and the teaching and research conducted at the provider,”
Amendment text
Amendment text
Amendment text
Amendment text
Subsections (6) and (7) apply irrespective of the provider’s interest in protecting its reputation.”
Amendment text
In this Part, “academic staff” includes academic staff on full and part-time contracts, irrespective of whether they are employed on a permanent or temporary contract.”
Amendment text
Amendment text
Amendment text
In achieving the objective in subsection (2), the governing body of a registered higher education provider may take no steps to secure any exercise of freedom of speech within the law which has the purpose, and might reasonably be expected to have the effect, of restricting another’s right to freedom of speech within the law or academic freedom, and must take positive steps to mitigate the effects of any act or omission which has such a purpose and effect.”
Amendment text
“references to academic staff include any academic staff (however engaged or employed), honorary, visiting and emeritus academic members of a provider and any other person held out as holding any academic position at the provider;”
Amendment text
Amendment text
Freedom of speech within the law
Amendment text
an explanation of how to guarantee freedom of speech while fulfilling the provider’s duty of care for all students, academics and staff,”
Amendment text
the procedure to be followed by decision-makers in order to dismiss vexatious, frivolous, malicious or politically motivated complaints made formally against any person mentioned at section A1(2).”
Amendment text
eliminate unlawful interference with freedom of speech within the law and academic freedom,
Amendment text
guaranteeing freedom of speech while fulfilling the provider's duty of care for all students, academics and staff,”
Amendment text
Amendment text
Duty to secure freedom of speech and academic freedom: funding and grants
Clause 2 3
Amendment text
““member”, in relation to a constituent institution of a registered higher education provider, does not include a person who is a member of the institution solely because of having been a student of the institution.”
Amendment text
“Amendment to the Equality Act 2010
Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.
Amendment text
“Harassment
Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.
Clause 3 15
Amendment text
Amendment text
Amendment text
Amendment text
“A6A Guidance for students’ unions
Amendment text
Amendment text
Amendment text
Amendment text
Amendment text
Amendment text
Amendment text
Amendment text
an explanation of how to guarantee freedom of speech while fulfilling its duty of care for all its staff and its members who are students or academics of the registered higher education provider,”
Amendment text
Duties relating to funding from UK Research and Innovation
Amendment text
Duties relating to donations
Amendment text
“Duties of students’ unions
Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.
Clause 4 13
Amendment text
Amendment text
Amendment text
Amendment text
Amendment text
A person may bring proceedings under subsection (1) only if—
The Bills API publishes only the tabling instruction here, not the inserted text itself — the full wording is set out in the marshalled Amendment Paper.
Amendment text
Staying court proceedings
Amendment text
Amendment text
“Research grant funding and academic integrity
Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.
Amendment text
Amendment text
A civil court or an employment tribunal shall have jurisdiction to determine a complaint brought by a member of academic staff under section A7(1)(a) or (b).
Amendment text
Staying court proceedings
Amendment text
Academic staff: amendments to the Employment Rights Act 1996
Amendment text
“Duty on providers of grants
Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.
Clause 5 5
Amendment text
Amendment text
Advice given under subsection (2)(b) must include guidance on measures to be taken to ensure that a person is not prevented from speaking by attempts to drown out or silence a speaker.”
Amendment text
Amendment text
Amendment text
Clause 7 1
Amendment text
Clause 8 7
Amendment text
Amendment text
Amendment text
Amendment text
Amendment text
A decision that a free speech complaint is justified includes a decision that, in the opinion of the OfS, a registered higher education provider has breached the duty at section A1 or has interfered unlawfully with the complainant’s right to freedom of speech.”
Amendment text
When assessing whether a free speech complaint is justified, the scheme must require the OfS to be mindful of—
The Bills API publishes only the tabling instruction here, not the inserted text itself — the full wording is set out in the marshalled Amendment Paper.
Amendment text
A constituent institution of a registered higher education provider or a student union must comply with any requirement of the FSAFO unless—
The Bills API publishes only the tabling instruction here, not the inserted text itself — the full wording is set out in the marshalled Amendment Paper.
Clause 9 7
Amendment text
Amendment text
Information may only be required under this section where the OfS considers there to be reasonable grounds to suspect a breach of the governing body’s or students’ union’s freedom of speech duties under section A1 (duty to take steps to secure freedom of speech: registered higher education providers), A4 (duties of constituent institutions) or A5 (duty to take steps to secure freedom of speech: students’ unions).”
Amendment text
Amendment text
The duty in subsection (1) includes a duty to consider whether a registered higher education provider or any constituent institution is overly reliant on overseas funding from a single country of origin.”
Amendment text
by way of tuition fees.”
Amendment text
Amendment text
Clause 10 5
Amendment text
The appointment of the Free Speech Director is subject to a confirmatory resolution of the relevant Select Committee of the House of Commons.
Amendment text
The Free Speech Director is to be nominated by the Secretary of State and the appointment is subject to the approval of the House of Commons Education Committee.
Amendment text
A person may not be appointed as the Free Speech Director if the person has at any time within the previous three years made a donation to a political party registered under the Political Parties, Elections and Referendums Act 2000.
Amendment text
The Free Speech Director is to be nominated by the Secretary of State, after consultation with Universities UK and subject to the approval of the House of Commons Select Committee for Education.”
Amendment text
“Amendment to the Counter-Terrorism and Security Act 2015
Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.
Clause 11 1
Amendment text
“Expiry
Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.
Schedule 1 2
Amendment text
after the definition of “the institutional autonomy of English higher education providers” insert—
The Bills API publishes only the tabling instruction here, not the inserted text itself — the full wording is set out in the marshalled Amendment Paper.
Amendment text
references to academic staff have the same meaning as in Part A1 (see section A1(11));”