Regulatory advice 24: Guidance related to freedom of speech

Annex B: Glossary of terms

Academic freedom

Academic freedom is defined at Part A1 of HERA (as amended by the Act):

‘A1 (6) In this Part, “academic freedom”, in relation to academic staff at a registered higher education provider, means their freedom within the law—

(a) to question and test received wisdom, and

(b) to put forward new ideas and controversial or unpopular opinions, without placing themselves at risk of being adversely affected in any of the ways described in subsection (7).

A1 (7) Those ways are—

(a) loss of their jobs or privileges at the provider;

(b) the likelihood of their securing promotion or different jobs at the provider being reduced.’

Academic staff

A member of staff who is employed, or otherwise engaged, for the purpose of teaching or conducting research.

Constituent institutions

Constituent institution is defined at Part A1 Section A4 of HERA:

‘Any constituent college, school, hall or other institution of a registered higher education provider.’

Governing body

As defined at section 85 of HERA.

Member

Whether a person is a ‘member’, in relation to a registered higher education provider or constituent institution, is a product of the legal constitutional arrangements of the provider (for example, the membership provisions in a Royal Charter or legislation for a higher education corporation) and/or contractual arrangement.

A member does not include a person who is a member of the provider or constituent institution solely because of having been a student of the institution.

Premises

Includes all land, buildings, facilities, and other property in the possession of, or owned, leased, used, supervised or controlled by the university, college or students’ union.

Prevent duty

Defined at section 26 (1) of the Counter-Terrorism and Security Act 2015:

‘A specified authority must, in the exercise of its functions, have due regard to the need to prevent people from being drawn into terrorism.'

Section 31 of the Counter-Terrorism and Security Act 2015 states:

‘(1) When carrying out the duty imposed by section 26(1), a specified authority to which this section applies—

(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.’

Registered higher education provider and governing body in relation to such a provider

These terms have the same meanings as at Part 1 of HERA (see section 85). The OfS publishes a Register of registered higher education providers on its website.

Registered higher education provider that is eligible for financial support

A registered higher education provider that is an eligible higher education provider for the purposes of section 39 of HERA. These providers are registered in the OfS’s ‘Approved (fee cap)’ registration category.

Staff (of an organisation)

Someone who is either:

1. an employee of that organisation or other person working for that organisation under a contract of employment, including, without limitation, a fixed-term contract, a zero-hours contract, an hourly-paid contract or other type of casual or atypical contract of employment; or
2. an individual who has entered into or works under any other contract, whether express or implied and (if it is express) whether oral or in writing, whereby the individual undertakes to do or perform personally any work or services for another party to the contract whose status is not by virtue of the contract that of a client or customer of any profession or business undertaking carried on by the individual.

Student

A person undertaking, or with a binding offer to undertake, a course of study or a programme of research (i) at the institution in question or (ii) that leads to an award granted by the institution in question, and in either case this may include a trainee or apprentice.

‘Student’ also includes students not on credit-based programmes, or students on courses provided through franchising or validation arrangements with a registered provider. In these types of arrangement the registered provider will owe its ‘secure’ and ‘code’ duties to students on courses provided through a franchising or validation arrangement with an unregistered provider.

Students’ union

‘Students’ union’, in relation to any institution, has the same meaning as it has in Part 2 of the Education Act 1994 in relation to establishments to which that part applies (see section 20 of that Act).

Visiting speakers

A person who was invited to speak at a registered higher education provider, constituent institution or students’ union, or who would have been invited had there not been a restriction on this or does not include a person who wanted or requested an invitation to speak but was not invited. It may include a person whose invitation has not been approved through an internal approvals process.