Be it enacted by the King’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
Duties to protect freedom of speech
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—
Functions of the Office for Students
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—
In section 119 of that Act (regulations), in subsection (2)(b), after “15(2)” insert “or 69B(3)”.
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—
In Schedule 1, in paragraph 13 (annual report), after sub-paragraph (3) insert—
In Schedule 1 to the Higher Education and Research Act 2017 (the Office for Students), after paragraph 3 insert—
General
The Schedule to this Act contains minor and consequential amendments.
This Act extends to England and Wales only, subject to subsections (2) and (3).
An amendment or repeal has the same extent as the provision amended or repealed.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 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.
Minor and consequential amendments
Higher Education and Research Act 2017
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)—
at the end of paragraph (a) insert “and”;
in paragraph (b), omit the final “and”;
omit paragraph (c).
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)—
for ““The” substitute “In subsection (1), “the”;
after “provider” insert “or students’ union”;
in paragraph (a), after “penalty” insert “under section 15 or 69B”.
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 paragraph (a), omit the final “and”;
after paragraph (b) insert
In subsection (7), after “The guidance” insert “under subsection (3)(b)”.
After subsection (7) insert—
In subsection (8)—
in paragraph (b), omit the final “and”;
after paragraph (b) insert— .
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)—
before the definition of “an access and participation plan condition” insert— ;
after the definition of “a fee limit condition” insert— ;
after the definition of “foundation degree only authorisation” insert— ;
after the definition of “the institutional autonomy of English higher education providers” insert— ;
after the definition of “registered higher education provider” insert— ;
after the definition of “sector-recognised standards” insert— .
After subsection (5) insert—
Schedule 1 (the Office for Students) is amended as follows.
In paragraph 2 (membership), in sub-paragraph (1)—
in paragraph (c), omit the final “and”;
after paragraph (c) insert— .
In paragraph 3 (Director for Fair Access and Participation)—
in sub-paragraph (1), in the opening words, for “(“the Director”)” substitute “(“the Access and Participation Director”)”;
in sub-paragraphs (1)(b) and (2), for “Director” substitute “Access and Participation Director”;
in sub-paragraph (3), in paragraph (d), for “academic freedom” substitute “institutional autonomy”.
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—
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.”
In paragraph 2—
in sub-paragraph (1)—
after “governing body” insert “or students’ union”;
for “73(1)” substitute “73”;
in sub-paragraphs (3) and (5), after “governing body” insert “or students’ union”.
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 paragraph 4, after sub-paragraph (4) insert—
Counter-Terrorism and Security Act 2015
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 paragraph (b), omit the final “or”;
after paragraph (b) insert— .
In subsection (2), for paragraph (a) substitute— .
In subsection (3), for paragraph (a) substitute— .
In subsection (4), for paragraph (a) substitute— .
In subsection (5)—
omit the definition of “the duty to ensure freedom of speech”;
for the definition of “academic freedom” substitute— ;
after the definition of “academic freedom” (inserted by paragraph (b)) insert— ;
for the definition of “qualifying institution” substitute— ;
after the definition of “qualifying institution” (inserted by paragraph (d)) insert—
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”.
Other Acts
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—