The Higher Education (Freedom of Speech) Act 2023 (Commencement No. 3) Regulations 2025

Explanatory Note

(This note is not part of the Regulations)

These Regulations are the third commencement regulations made under the Higher Education (Freedom of Speech) Act 2023 (c. 16) (“the Act”). They bring into force the provisions of the Act listed in regulation 2 on 1st August 2025.

Regulation 2(a) brings into force section 1 of the Act, which inserts new sections A1 to A3 into the Higher Education and Research Act 2017 (c. 29) (“the 2017 Act”). New sections A1 to A3 contain duties on registered higher education providers in relation to the protection of freedom of speech. Regulation 2(b) brings into force section 2 of the Act, which inserts new section A4 into the 2017 Act which places equivalent duties on constituent institutions of higher education providers. Regulation 2(c) brings into force section 3 of the Act insofar as it relates to the definition of “students’ union” in new section A5(6) of the 2017 Act.

Regulation 2(d) brings into force section 5 of the Act, which amends the general duties of the Office for Students contained in section 2 of the 2017 Act and inserts new section 69A into the same Act. New section 69A gives the Office for Students new functions relating to freedom of speech and academic freedom.

Regulation 2(e) to (h) brings into force related minor and consequential amendments to the 2017 Act, the Counter-Terrorism and Security Act 2015 (c. 6) and other Acts.

A full impact assessment of the effect that the Act will have on the costs of business, the voluntary sector and the public sector is available at https://www.legislation.gov.uk/ukpga/2023/16/pdfs/ukpgaod_20230016_en_001.pdf or from the Department for Education, Sanctuary Buildings, Great Smith Street, London, SW1P 3BT. A further impact assessment has not been produced for this instrument as no additional impact on the private, voluntary or public sector is foreseen.