Section 36 — Duty to protect institutional autonomy
This version in force from 2025-08-01
Snapshot: 2026-08-24
Reproduced from legislation.gov.uk (Crown Copyright, Open Government Licence v3.0). Amendments made after 2026-08-24 may not be reflected — always check the official text .
(1) In performing its access and participation functions, the OfS has a duty to protect [F1 institutional autonomy] including, in particular, the freedom of institutions—
(a) to determine the content of particular courses and the manner in which they are taught, supervised and assessed,
(b) to determine the criteria for the selection, appointment and dismissal of academic staff and apply those criteria in particular cases, and
(c) to determine the criteria for the admission of students and apply those criteria in particular cases.
(2) In performing those functions, subsection (1) applies instead of section 2(1)(a) (duty of OfS to have regard to the need to protect institutional autonomy) in relation to the [F2 freedom mentioned in subsection (8)(b)] of that section.
(3) For the purposes of this section, the OfS's “access and participation functions” are the functions conferred on it by or under—
(a) section 21 (refusal to renew an access and participation plan), and
(b) sections 29 to 34 (access and participation plans).
Amendment notes
- F1 Words in s. 36(1) substituted (1.8.2025) by Higher Education (Freedom of Speech) Act 2023 (c. 16), s. 13(3), Sch. para. 4(3); S.I. 2025/528, reg. 2(f)(vi)
- F2 Words in s. 36(2) substituted (1.8.2025) by Higher Education (Freedom of Speech) Act 2023 (c. 16), s. 13(3), Sch. para. 4(4); S.I. 2025/528, reg. 2(f)(vi)