Session 2016-17
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Other Bills before Parliament





[The page and line references are to HL Bill 76, the bill as first printed for the Lords]

Before Clause 1


Insert the following new Clause—


“UK universities: functions



UK universities are autonomous institutions and must uphold the


principles of academic freedom and freedom of speech.



UK universities must ensure that they promote freedom of thought and


expression, and freedom from discrimination.



UK universities must provide an extensive range of high quality academic


subjects delivered by excellent teaching, supported by scholarship and


research, through courses which enhance the ability of students to learn


throughout their lives.



UK universities must make a contribution to society through the pursuit,


dissemination, and application of knowledge and expertise locally,


nationally and internationally; and through partnerships with business,


charitable foundations, and other organisations, including other colleges


and universities.



UK universities must be free to act as critics of government and the


conscience of society.”

Clause 2


Page 1, line 9, at end insert—



the need to protect the institutional autonomy of English higher


education providers,”




Bill 165Filename:       Date: :                 UserID: UserID56/2:


adminprestonrb      Filename:       Date: :       5.0.04




Page 1, line 15, at end insert “while also having regard to the benefits for students


and employers resulting from collaboration between such providers,”



Page 2, line 6, at end insert—


“( )    

The reference in subsection (1)(a) to choice in the provision of higher


education by English higher education providers includes choice amongst


a diverse range of—



types of provider,



higher education courses, and



means by which they are provided (for example, full-time or part-


time study, distance learning or accelerated courses).”



Page 2, line 10, leave out from “protect” to end of line 17 and insert “the


institutional autonomy of English higher education providers.”



Page 2, line 19, after “but” insert “, whether or not the guidance is framed in that





Page 2, line 31, at end insert—



In this Part, “the institutional autonomy of English higher education


providers” means—



the freedom of English higher education providers within the law


to conduct their day to day management in an effective and


competent way,



the freedom of English higher education providers—



to determine the content of particular courses and the


manner in which they are taught, supervised and assessed,



to determine the criteria for the selection, appointment and


dismissal of academic staff and apply those criteria in


particular cases, and



to determine the criteria for the admission of students and


apply those criteria in particular cases, and



the freedom within the law of academic staff at English higher


education providers—



to question and test received wisdom, and



to put forward new ideas and controversial or unpopular





without placing themselves in jeopardy of losing their jobs or


privileges they may have at the providers.”

Clause 8


Page 5, line 34, after “OfS” insert “, or a person nominated by the OfS,”







Page 5, line 38, leave out from “its” to end and insert “duties under sections (Duty


to compile and make available higher education information)(1) and 59(1) (compiling,


making available and publishing”



Page 5, line 39, after “the” insert “designated”

Clause 9


Page 6, line 14, at end insert—


“( )    

the number of students who attained a particular degree or other


academic award, or a particular level of such an award, on


completion of their course with the provider.”

After Clause 10


Insert the following new Clause—


“Regulated course fees etc: use in relation to section 25



The scheme established under section 25 must not be used to rank English


higher education providers as to the regulated course fees they charge to a


qualifying person; or the unregulated course fees they charge to an


international student; or the number of fee paying students they recruit,


whether they are qualifying persons or international students.



In this section “regulated course fees”, “qualifying person” and


“international student” have the same meaning as in section 10.”

Clause 13


Page 8, line 27, leave out subsection (2)



Page 8, line 29, at end insert—



Where there are one or more sector-recognised standards, the condition


mentioned in subsection (1)(a), so far as relating to standards—



may relate only to the standards applied in respect of matters for


which there are sector-recognised standards, and



may require the application of sector-recognised standards only in


respect of those matters.



In this Part, “sector-recognised standards” means standards that apply to


higher education and accord with guidance which—



is determined by persons representing a broad range of registered


higher education providers, and



commands the confidence of registered higher education








Clause 14


Page 8, line 39, at end insert—



The list of principles must include a requirement that every provider—



provides all eligible students with the opportunity to opt in to be


added to the electoral register through the process of enrolling with


that provider, and



enters into a data sharing agreement with the local electoral


registration officer to add eligible students to the electoral register.



For the purposes of subsection (2A)—



a “data sharing agreement” is an agreement between the higher


education provider and their local authority whereby the provider


shares the—












date of birth, and



national insurance data,



of all eligible students enrolling or enrolled (or both) with the


provider who opt in under subsection (2A)(a);



“eligible” means those persons who are—



entitled to vote in accordance with section 1 of the


Representation of the People Act 1983, and



a resident in the same local authority as the higher


education provider.



Subsection (2A) does not apply to the Open University and other distance


learning institutions.”

Clause 19


Page 12, line 27, leave out subsection (8)



Page 12, line 29, leave out from “when” to end of line 30 and insert “—



an appeal under section 20(1)(a) or (b), or a further appeal, could be


brought in respect of the decision to remove, or



such an appeal is pending.”



Page 12, line 32, at end insert—



Where subsection (9) ceases to prevent a removal taking effect on the date


specified under subsection (6), the OfS is to determine a future date on


which the removal takes effect.



But that is subject to what has been determined on any appeal under


section 20(1)(a) or (b), or any further appeal, in respect of the decision to





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Revised 06 April 2017