What UK Higher Education (Freedom of Speech) Act 2023 - Duties of Registered Higher Education Providers and Students Unions requires
The Higher Education (Freedom of Speech) Act 2023 (UK) places statutory duties on registered English higher education providers, their constituent colleges, and students unions to take reasonably practicable steps to secure freedom of speech within the law for staff, students, members, and visiting speakers. Section 1 inserts new sections A1 to A6 into the Higher Education and Research Act 2017 establishing the duty, the code of practice requirement, and the prohibition on non-disclosure agreements in respect of harassment, bullying, or sexual misconduct allegations (the NDA prohibition appears at inserted section A1(11)). Section 2 places equivalent duties on constituent institutions. Section 3 places equivalent duties on students unions. Section 4 creates the civil claims (tort) route for breach of duty (currently not in force pending Government decision). Section 8 establishes the OfS complaints scheme. Section 10 establishes the Office for Students Director for Freedom of Speech and Academic Freedom with monitoring, investigation, and enforcement powers. The Act commenced in stages between July 2024 and August 2025 following a Government pause and partial repeal review in 2024 to 2025. The Act applies to providers registered with the Office for Students under the Higher Education and Research Act 2017.
Pillar: Education & Research · Authority: UK Office for Students (OfS) and the OfS Director for Freedom of Speech and Academic Freedom; Department for Education (policy lead) · Version: 1.0.0 · Last updated:
Primary source: https://www.legislation.gov.uk/ukpga/2023/16/contents
SHA-256 integrity: f0703cb9692806d00c132087457c32b0841d17e69c8591ad69387e6eb09e3b65
Primary Citations — 7 traced to source
- {"instrument":"Higher Education (Freedom of Speech) Act 2023","section":"Section 1 - Duties of registered higher education providers","url":"https://www.legislation.gov.uk/ukpga/2023/16/section/1","publisher":"UK Parliament (legislation.gov.uk)","date":"2023-05-11"}
- {"instrument":"Higher Education (Freedom of Speech) Act 2023","section":"Section 2 - Duties of constituent institutions","url":"https://www.legislation.gov.uk/ukpga/2023/16/section/2","publisher":"UK Parliament (legislation.gov.uk)","date":"2023-05-11"}
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