Section 85 — Other definitions

(1) In this Part— [F1 “academic freedom” has the meaning given by subsection (6);] “an access and participation plan condition” has the meaning given by section 12(3); “a fee limit condition” has the meaning given by section 10(2); [F2 “constituent institution”, in relation to a registered higher education provider, has the same meaning as in Part A1 (see section A4(4));] “foundation degree” has the meaning given by section 42(3); “foundation degree only authorisation” has the meaning given by section 42(3); [F3 “full course” means a higher education course that is not a module of another higher education course;] [F4 references to freedom of speech have the same meaning as in Part A1 (see section A1(13));] “governing body”— (a) in relation to a training provider who, but for the definition of “institution” in section 83(1), would not be regarded as an institution, means any persons responsible for the provider's management; (b) in relation to a provider designated under section 84 means any persons responsible for the provider's management; (c) in relation to any other institution, has the meaning given by section 90(1) of the Further and Higher Education Act 1992, but subject to any provision made by virtue of section 90(2) of that Act; “the institutional autonomy of English higher education providers” has the meaning given by section 2(8); [F5 “member”, in relation to a registered higher education provider or a constituent institution of such a provider, has the same meaning as in Part A1 (see sections A1(13) and A4(4)); “member”, in relation to a students’ union which is a representative body and not an association (see section 20(1)(b) of the Education Act 1994), means those whom it is the purpose of the union to represent, excluding any student who has signified that they do not wish to be represented by it;] [F6 “module”, in relation to a course, includes anything that is a “module” in relation to that course for the purposes of section 22 of the Teaching and Higher Education Act 1998 (see, in particular, subsection (2ZA) of that section as treated as inserted by section 28A(1)(e) of that Act);] “the register” has the meaning given by section 3(1); “registered higher education provider” has the meaning given by section 3(10); [F7 “registered higher education provider that is eligible for financial support” means a registered higher education provider that is an eligible higher education provider for the purposes of section 39;] “registration” has the meaning given by section 3(10); “research award” has the meaning given by section 42(3); “sector-recognised standards” has the meaning given by section 13(3); [F8 “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);] “taught award” has the meaning given by section 42(3).

(1A) [F9 References in this Part to modules (except in relation to references to the full course of which the module forms part) are to modules which are—]

(a) [F9 modules of full courses, but]

(b) [F9 undertaken otherwise than as part of those courses.]

(2) In this Part, “fees” in relation to undertaking a course, means fees in respect of, or otherwise in connection with, undertaking the course, including admission, registration, tuition and graduation fees and fees payable for awarding or accrediting a qualification in respect of the course, but excluding—

(a) fees payable for board or lodging,

(b) fees payable for field trips (including any tuition element of such fees),

(c) fees payable for attending any graduation or other ceremony, and

(d) such other fees as may be prescribed by regulations made by the Secretary of State.

(3) References in this Part to the ongoing registration conditions of a provider have the meaning given by section 3(8).

(4) For the purposes of this Part an appeal is “pending” during the period—

(a) beginning when it is instituted, and

(b) ending when it is determined, withdrawn or abandoned.

(5) When construing references in this Part to a time when an appeal could be brought, any possibility of an appeal out of time is to be ignored.

(6) [F10 In this Part, “academic freedom”, in relation to academic staff at an institution, means their freedom within the law—]

(a) [F10 to question and test received wisdom, and]

(b) [F10 to put forward new ideas and controversial or unpopular opinions,]

[F10 without placing themselves at risk of being adversely affected in any of the ways described in subsection (7).]

(7) [F10 Those ways are—]

(a) [F10 loss of their jobs or privileges at the institution;]

(b) [F10 the likelihood of their securing promotion or different jobs at the institution being reduced.]

Amendment notes

1. F1 Words in s. 85(1) inserted (11.5.2023) by Higher Education (Freedom of Speech) Act 2023 (c. 16), s. 13(1)(f), Sch. para. 11(2)(a)
2. F2 Words in s. 85(1) inserted (11.5.2023) by Higher Education (Freedom of Speech) Act 2023 (c. 16), s. 13(1)(f), Sch. para. 11(2)(b)
3. F3 Words in s. 85(1) inserted (12.5.2026 for specified purposes) by Skills and Post-16 Education Act 2022 (c. 21), ss. 16(4)(a), 36(3); S.I. 2026/498, reg. 3(1)
4. F4 Words in s. 85(1) inserted (11.5.2023) by Higher Education (Freedom of Speech) Act 2023 (c. 16), s. 13(1)(f), Sch. para. 11(2)(c)
5. F5 Words in s. 85(1) inserted (11.5.2023) by Higher Education (Freedom of Speech) Act 2023 (c. 16), s. 13(1)(f), Sch. para. 11(2)(d)
6. F6 Words in s. 85(1) inserted (12.5.2026 for specified purposes) by Lifelong Learning (Higher Education Fee Limits) Act 2023 (c. 40), ss. 2(5), 3(2); S.I. 2026/497, reg. 2(1) (with reg. 3)
7. F7 Words in s. 85(1) inserted (11.5.2023) by Higher Education (Freedom of Speech) Act 2023 (c. 16), s. 13(1)(f), Sch. para. 11(2)(e)
8. F8 Words in s. 85(1) inserted (11.5.2023) by Higher Education (Freedom of Speech) Act 2023 (c. 16), s. 13(1)(f), Sch. para. 11(2)(f)
9. F9 S. 85(1A) inserted (12.5.2026 for specified purposes) by Skills and Post-16 Education Act 2022 (c. 21), ss. 16(4)(b), 36(3); S.I. 2026/498, reg. 3(1)
10. F10 S. 85(6)(7) inserted (11.5.2023) by Higher Education (Freedom of Speech) Act 2023 (c. 16), s. 13(1)(f), Sch. para. 11(3)