The Higher Education (Freedom of Speech) Act 2023 (Commencement No. 3) Regulations 2025
These regulations, enacted under the Higher Education (Freedom of Speech) Act 2023, bring several key provisions into force in England and Wales (and partially Scotland) on August 1st, 2025.
The regulations detail the duties of registered higher education providers, constituent institutions, and students' unions concerning free speech, along with related amendments to the Higher Education and Research Act 2017 and other legislation.
These actions aim to fully establish legal frameworks for protecting freedom of speech on higher education campuses.
Arguments For
Intended benefits: These regulations aim to further the implementation of the Higher Education (Freedom of Speech) Act 2023, ensuring that the duties regarding free speech within higher education institutions are fully operational.
Evidence cited: The regulations explicitly cite the powers granted by section 13(3) and (4) of the Higher Education (Freedom of Speech) Act 2023 as their legal basis. The Explanatory Note provides context and links to impact assessments.
Implementation methods: The regulations specify the sections of the Act coming into force on a particular date (August 1st, 2025), outlining a clear implementation timeline.
Legal/historical basis: The regulations are grounded in the Higher Education (Freedom of Speech) Act 2023, fulfilling a legal mandate to bring specific provisions into effect.
Arguments Against
Potential impacts: The implementation of these regulations may lead to unforeseen challenges in interpreting and enforcing the duties placed upon higher education providers and students' unions.
Implementation challenges: Ensuring consistent and effective implementation across diverse higher education institutions might prove difficult. Training and resources might be required for institutions to meet new obligations.
Alternative approaches: Alternative approaches could explore different methods for promoting free speech in higher education, possibly focusing on education and awareness campaigns instead of the direct regulatory approach.
Unintended effects: The regulations may have unintended consequences in terms of workload for institutions, or the potential for perceived restrictions on activities that fall outside the scope of the legislation.
- Citation and extent (1) These Regulations may be cited as the Higher Education (Freedom of Speech) Act 2023 (Commencement No. 3) Regulations 2025. (2) These Regulations extend to England and Wales only, subject to paragraph (3). (3) Regulation 2(g) extends to England and Wales and Scotland.
This section establishes the official title and geographical scope of the regulations.
The regulations are titled "Higher Education (Freedom of Speech) Act 2023 (Commencement No. 3) Regulations 2025." They primarily apply to England and Wales, with a specific exception for one regulation that extends to Scotland as well.
- Provisions coming into force on 1st August 2025 The following provisions of the Higher Education (Freedom of Speech) Act 2023 come into force on 1st August 2025— (a) section 1 (duties of registered higher education providers); (b) section 2 (duties of constituent institutions); (c) section 3 (duties of students’ unions) insofar as it inserts the definition of “students’ union” in a new section A5(6) of the Higher Education and Research Act 2017; (d) section 5 (general functions); (e) section 11 (minor and consequential amendments) insofar as it relates to the provisions in paragraphs (f) to (h); (f) in Part 1 (Higher Education and Research Act 2017) of the Schedule (minor and consequential amendments)— (i) paragraph 1 insofar as it relates to the provisions brought into force by sub-paragraphs (ii) to (viii); (ii) paragraph 2(1) insofar as it relates to the provisions brought into force by sub-paragraphs (iii) and (iv); (iii) paragraph 2(2); (iv) paragraph 2(4); (v) paragraph 3; (vi) paragraph 4; (vii) paragraph 8; (viii) paragraph 10; (g) Part 2 (the Counter-Terrorism and Security Act 2015) of the Schedule; and (h) in Part 3 (other Acts) of the Schedule, paragraph 18.
This section lists the specific sections and subsections of the Higher Education (Freedom of Speech) Act 2023 that become legally effective on August 1st, 2025.
The listed items cover duties on higher education providers, constituent institutions, and students' unions.
It also incorporates minor and consequential amendments to related legislation, including the Higher Education and Research Act 2017 and the Counter-Terrorism and Security Act 2015.
Bridget Phillipson Secretary of State for Education Department for Education 28th April 2025
This section contains the signature and official details of the Secretary of State for Education, confirming the approval and enactment of these regulations.
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. NOTE AS TO EARLIER COMMENCEMENT Regulations (This note is not part of the Regulations) The following provisions of the Higher Education (Freedom of Speech) Act 2023 (c. 16) have been brought into force by commencement Regulations made before the date of these Regulations ProvisionDate of CommencementS.I. No. Section 1014.08.20232023/809 Section 11 (partially)14.08.20232023/809 Paragraph 1 of the Schedule (partially)14.08.20232023/809 Paragraph 12 of the Schedule14.08.20232023/809
The Explanatory Note provides additional context and clarifies the purpose and effects of the regulations.
It details how specific sections relate to the existing Higher Education and Research Act 2017 and other Acts, clarifying the impact of the regulations.
It also references the impact assessment related to the overarching Act and notes that no further impact assessment was created for these specific regulations.
A table shows the earlier commencement of other provisions within the overarching Act.