UK Act of Parliament 2023 United Kingdom

Higher Education (Freedom of Speech) Act 2023

Read the Act on legislation.gov.uk (opens in a new tab)
Enforced by
OfS
Status
Amended (in force with amendments)
Penalty ceiling
Regulated

Does it bind you?

Business-side roles with duties under this instrument.

Employer1 Director or Officer1 Any Person1

Plus 2 duties on the regulator, Crown ministers and public bodies — folded into the section list below.

Other Acts binding the same actors

If a role above is yours, these are the other instruments that most often bind it.

Employer — also bound by 682 other Acts
TULRCA 1992 72 duties
Director or Officer — also bound by 429 other Acts
Companies Act 2006 126 duties
Any Person — also bound by 2340 other Acts

What it requires

Sections creating concrete business duties or carrying penalties, grouped as the instrument is structured. Titles link to the source text — blue means you’re leaving for legislation.gov.uk.

s.003 Duties of students’ unions (opens in a new tab) Regulated
  • Secure freedom of speech and maintain a code of practiceAny Person
s.006 Regulation of duties of registered higher education providers (opens in a new tab) Regulated
  • Maintain compliant governance and report student unions to the OfSDirector or Officer
Other duties (1) — Crown / regulator
  • OfS must enforce freedom of speech conditions on higher education providersStatutory regulator
s.008 Complaints scheme (opens in a new tab) Regulated
  • Comply with the free‑speech complaints schemeEmployer
Other duties (1) — Crown / regulator
  • OfS must operate a free speech complaints schemeStatutory regulator
17 other provisions — procedural and definitional
s.001 Duties of registered higher education providers (opens in a new tab)
s.002 Duties of constituent institutions (opens in a new tab)
s.004 Civil claims (opens in a new tab)
s.005 General functions (opens in a new tab)
s.007 Regulation of duties of students’ unions (opens in a new tab)
s.009 Overseas funding (opens in a new tab)
s.010 Director for Freedom of Speech and Academic Freedom (opens in a new tab)
s.011 Minor and consequential amendments (opens in a new tab)
s.012 Extent (opens in a new tab)
s.013 Commencement (opens in a new tab)
s.014 Short title (opens in a new tab)
s.015 (1) Section 31 (freedom of expression in universities etc) is... (opens in a new tab)
s.016 In section 32 (monitoring of performance: further and higher education... (opens in a new tab)
s.017 In Schedule 6 (list of authorities subject to the duty... (opens in a new tab)
s.018 In section 43 of the Education (No. 2) Act 1986... (opens in a new tab)
s.019 In Schedule 2 to the Higher Education Act 2004 (conditions... (opens in a new tab)
s.minor and consequential amendments Minor and consequential amendments

Duty extraction and severity labels are Guvnor’s analysis of the instrument, not the instrument itself. Always verify against the linked source text.