Higher Education (Freedom of Speech) Act 2023
In the Higher Education and Research Act 2017, before Part 1 insert—
After section A3 of the Higher Education and Research Act 2017 (inserted by section 1) insert—
After section A4 of the Higher Education and Research Act 2017 (inserted by section 2) insert—
After section A6 of the Higher Education and Research Act 2017 (inserted by section 3) insert—
In section 2 of the Higher Education and Research Act 2017 (general duties of the Office for Students), in subsection (1), after paragraph (a) insert—.
After section 69 of that Act insert—
After section 8 of the Higher Education and Research Act 2017 insert—
After section 69A of the Higher Education and Research Act 2017 (inserted by section 5) insert—
In section 119 of that Act (regulations), in subsection (2)(b), after “15(2)” insert “or 69B(3)”.
After section 69B of the Higher Education and Research Act 2017 (inserted by section 7) insert—
After Schedule 6 to that Act insert—
The Higher Education and Research Act 2017 is amended as follows.
After section 69C (inserted by section 8) insert—
The report must include—
In Schedule 1 to the Higher Education and Research Act 2017 (the Office for Students), after paragraph 3 insert—
The Schedule to this Act contains minor and consequential amendments.
This Act extends to England and Wales only, subject to subsections (2) and (3).
This section and sections 13 and 14 extend to England and Wales and Scotland.
An amendment or repeal has the same extent as the provision amended or repealed.
The following provisions of this Act come into force on the day on which this Act is passed—
section 7, so far as is necessary for enabling the exercise on or after the day on which this Act is passed of the powers to make regulations conferred by section 69B(3) and (4) of the Higher Education and Research Act 2017 (inserted by section 7);
section 9, so far as is necessary for enabling the exercise on or after the day on which this Act is passed of the powers to make regulations conferred by section 69D of the Higher Education and Research Act 2017 (inserted by section 9);
section 12;
this section;
section 14;
paragraph 11 of the Schedule.
Paragraph 9 of the Schedule comes into force at the end of the period of two months beginning with the day on which this Act is passed.
The other provisions of this Act come into force on such day as the Secretary of State may by regulations made by statutory instrument appoint.
Different days may be appointed for different purposes.
Regulations under subsection (3) may include transitional provision and savings.
This Act may be cited as the Higher Education (Freedom of Speech) Act 2023.
Section 11
The Higher Education and Research Act 2017 is amended as follows.
Section 2 (general duties of the OfS) is amended as follows. In subsection (4), after “providers” insert “and the academic freedom of academic staff at such providers”. After subsection (7) insert— In subsection (8)—
In section 14 (public interest governance condition), omit subsection (7).
Section 36 (duty to protect academic freedom) is amended as follows. In the heading, for “academic freedom” substitute “institutional autonomy”. In subsection (1), for “academic freedom” substitute “institutional autonomy”. In subsection (2), for “freedoms mentioned in subsection (8)(b) and (c)” substitute “freedom mentioned in subsection (8)(b)”.
Section 67B (publication of decision to conduct or terminate investigation) is amended as follows. In subsection (3), for “Section 67C does not apply” substitute “Neither section 67C nor paragraph 13 of Schedule 6A applies”. After subsection (3) insert—
In section 67C (protection for defamation claims) after subsection (2) insert—
Section 73 (costs recovery) is amended as follows. In subsection (1), for “a provider” substitute “a registered higher education provider, or a students’ union,”. After that subsection insert— In subsection (2)(a), after “section 15” insert “or 69B”. In subsection (4)— After that subsection insert—
In section 74 (grants from Secretary of State), in subsection (3), after “providers” insert “and the academic freedom of academic staff at such providers”.
Section 75 (regulatory framework) is amended as follows. In subsection (3)— In subsection (7), after “The guidance” insert “under subsection (3)(b)”. After subsection (7) insert— In subsection (8)—
In section 77 (Secretary of State directions), in subsection (2), after “providers” insert “and the academic freedom of academic staff at such providers”.
Section 85 (other definitions) is amended as follows. In subsection (1)— After subsection (5) insert—
Schedule 1 (the Office for Students) is amended as follows. In paragraph 2 (membership), in sub-paragraph (1)— In paragraph 3 (Director for Fair Access and Participation)— In paragraph 11 (delegation), in sub-paragraph (2), for “Director” substitute “Access and Participation Director”. In paragraph 13 (annual report), in sub-paragraph (4), for “Director”, in both places, substitute “Access and Participation Director”.
Schedule 7 (costs recovery etc) is amended as follows. In paragraph 1, for the words from “in relation” to the end substitute “where under section 73 the OfS imposes a requirement to pay costs on— In paragraph 2— In paragraph 3(1), for “of a provider” substitute “or students’ union”. In paragraph 4(1) and (4), after “governing body” insert “or students’ union”. In a case relating to non-payment by a students’ union, the OfS may also direct an officer of the students’ union appearing to the OfS to have access to the funds of the students’ union to pay from those funds the unpaid amount of the costs and any unpaid interest by the date specified in the direction.
the governing body of a registered higher education provider,
the governing body of a constituent institution of a registered higher education provider, or
a students’ union.”
The Counter-Terrorism and Security Act 2015 is amended as follows.
Section 31 (freedom of expression in universities etc) is amended as follows. In subsection (1)— In subsection (2), for paragraph (a) substitute—. In subsection (3), for paragraph (a) substitute—. In subsection (4), for paragraph (a) substitute—. In subsection (5)—
In section 32 (monitoring of performance: further and higher education bodies), in subsection (1)—
in paragraph (b) of the definition of “relevant further education body”, after “students” insert “, excluding students undertaking distance learning courses,”;
in paragraph (b) of the definition of “relevant higher education body”, after “students” insert “, excluding students undertaking distance learning courses,”.
In Schedule 6 (list of authorities subject to the duty to have due regard to the need to prevent people from being drawn into terrorism), in Part 1 (England and Wales), under the heading “Education, child care etc”, in the entry beginning “The governing body of a qualifying institution”, after “2004” insert “, disregarding paragraphs (da) and (ea) of that section and the definition of “institution” in section 21(1) of that Act”.
In section 43 of the Education (No. 2) Act 1986 (freedom of speech in universities, etc)—
omit subsection (4A)(a);
in subsection (6) omit—
paragraph (a) of the definition of “governing body”;
the definition of “registered higher education provider”.
In Schedule 2 to the Higher Education Act 2004 (conditions to be met by student complaints scheme), after paragraph 3(2)(c) insert—