Moved by
Lord Bates
5: Clause 31, page 20, line 15, leave out from “applies” to end of line 17 and insert “—
(a) must have particular regard to the duty to ensure freedom of speech, if it is subject to that duty;
(b) must have particular regard to the importance of academic freedom, if it is the proprietor or governing body of a qualifying institution.”
6: Clause 31, page 20, line 18, leave out subsection (3) and insert—
“(3) When issuing guidance under section 29 to specified authorities to which this section applies, the Secretary of State—
(a) must have particular regard to the duty to ensure freedom of speech, in the case of authorities that are subject to that duty;
“(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—
(a) must have particular regard to the duty to ensure freedom of speech, in the case of an authority that is subject to that duty;
“(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—
“the duty to ensure freedom of speech” means the duty imposed by section 43(1) of the Education (No. 2) Act 1986;
“academic freedom” means the freedom referred to in section 202(2)(a) of the Education Reform Act 1988;
“qualifying institution” has the meaning given by section 202(3) of that Act.”