Moved by
Lord Collins of Highbury
6: Clause 1, page 2, line 34, at end insert—
“(10A) 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).
(10B) In subsection (10A)—
“non-disclosure agreement” means an agreement which purports to any extent to preclude the person from—
(a) publishing information about the relevant complaint, or
(b) disclosing information about the relevant complaint to any one or more other persons;
“relevant complaint” means a complaint relating to misconduct or alleged misconduct by any person;
“misconduct” means—
(a) sexual abuse, sexual harassment or sexual misconduct, and
(b) bullying or harassment not falling within paragraph (a).”
Member’s explanatory statement
This requires the governing body of a registered higher education provider to secure that the provider does not enter into certain non-disclosure agreements (and as a result of new section A4 of the Higher Education and Research Act 2017 inserted by section 2 of the Bill this will also apply to the governing body of constituent institutions).