Higher Education (Freedom of Speech) Bill

New Clause 2

Overseas funding

“(1) The Higher Education and Research Act 2017 is amended as follows.

(2) After section 69C (as inserted by section 8) insert—

“69D Overseas funding: registered higher education providers

(1) The OfS must monitor the overseas funding of registered higher education providers and their constituent institutions with a view to assessing the extent to which the funding presents a risk to the matters in subsection (2).

(2) The matters are—

(a) freedom of speech within the law, and

(b) the academic freedom of academic staff of registered higher education providers and their constituent institutions,

in the provision of higher education by registered higher education providers and their constituent institutions.

(3) The duty in subsection (1) includes a duty to consider, in a case where the OfS has found that a registered higher education provider or any constituent institution of a registered higher education provider is in breach of its duty under section A1, whether overseas funding was relevant to the breach.

(4) The information which the governing body of a registered higher education provider may be required to provide under the condition under section 8(1)(b) in relation to the function of the OfS under subsection (1) is—

(a) information as to relevant funding from a relevant overseas person, where the funding from that person exceeds the threshold in any period of 12 months specified by the OfS, and

(5) In this section “relevant funding” from a relevant overseas person, in relation to a registered higher education provider, means amounts which are received by the provider or a connected person—

(a) by way of endowment, gift or donation from the relevant overseas person,

(b) by way of research grant from the relevant overseas person,

(c) pursuant to a research contract with the relevant overseas person, or