Session 2016-17
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LORDS AMENDMENTS TO THE

HIGHER EDUCATION AND RESEARCH BILL

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

Before Clause 1

1

Insert the following new Clause—

 

“UK universities: functions

 

(1)    

UK universities are autonomous institutions and must uphold the

 

principles of academic freedom and freedom of speech.

 

(2)    

UK universities must ensure that they promote freedom of thought and

 

expression, and freedom from discrimination.

 

(3)    

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.

 

(4)    

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.

 

(5)    

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

 

conscience of society.”

Clause 2

2

Page 1, line 9, at end insert—

 

“(za)    

the need to protect the institutional autonomy of English higher

 

education providers,”

 

 
 

 

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

 

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2

3

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

 

and employers resulting from collaboration between such providers,”

 

4

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—

 

(a)    

types of provider,

 

(b)    

higher education courses, and

 

(c)    

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

 

time study, distance learning or accelerated courses).”

 

5

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

 

institutional autonomy of English higher education providers.”

 

6

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

 

way,”

 

7

Page 2, line 31, at end insert—

 

“(7)    

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

 

providers” means—

 

(a)    

the freedom of English higher education providers within the law

 

to conduct their day to day management in an effective and

 

competent way,

 

(b)    

the freedom of English higher education providers—

 

(i)    

to determine the content of particular courses and the

 

manner in which they are taught, supervised and assessed,

 

(ii)    

to determine the criteria for the selection, appointment and

 

dismissal of academic staff and apply those criteria in

 

particular cases, and

 

(iii)    

to determine the criteria for the admission of students and

 

apply those criteria in particular cases, and

 

(c)    

the freedom within the law of academic staff at English higher

 

education providers—

 

(i)    

to question and test received wisdom, and

 

(ii)    

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 providers.”

Clause 8

8

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

 

 
 

 


 
 

3

9

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”

 

10

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

Clause 9

11

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

12

Insert the following new Clause—

 

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

 

(1)    

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.

 

(2)    

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

 

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

Clause 13

13

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

 

14

Page 8, line 29, at end insert—

 

“(2A)    

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

 

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

 

(a)    

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

 

which there are sector-recognised standards, and

 

(b)    

may require the application of sector-recognised standards only in

 

respect of those matters.

 

(2B)    

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

 

higher education and accord with guidance which—

 

(a)    

is determined by persons representing a broad range of registered

 

higher education providers, and

 

(b)    

commands the confidence of registered higher education

 

providers.”

 
 

 


 
 

4

 

Clause 14

15

Page 8, line 39, at end insert—

 

“(2A)    

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

 

(a)    

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

 

(b)    

enters into a data sharing agreement with the local electoral

 

registration officer to add eligible students to the electoral register.

 

(2B)    

For the purposes of subsection (2A)—

 

(a)    

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

 

education provider and their local authority whereby the provider

 

shares the—

 

(i)    

name,

 

(ii)    

address,

 

(iii)    

nationality,

 

(iv)    

date of birth, and

 

(v)    

national insurance data,

 

    

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

 

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

 

(b)    

“eligible” means those persons who are—

 

(i)    

entitled to vote in accordance with section 1 of the

 

Representation of the People Act 1983, and

 

(ii)    

a resident in the same local authority as the higher

 

education provider.

 

(2C)    

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

 

learning institutions.”

Clause 19

16

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

 

17

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

 

(a)    

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

 

brought in respect of the decision to remove, or

 

(b)    

such an appeal is pending.”

 

18

Page 12, line 32, at end insert—

 

“(11)    

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.

 

(12)    

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

 

remove.”

 
 

 


 
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Revised 06 April 2017