The Higher Education (Freedom of Speech) Act 2023 (Commencement No. 4) Regulations 2026
This statutory instrument brings into force specific provisions of the Higher Education (Freedom of Speech) Act 2023 according to a staggered timeline. It directs the Office for Students to implement a free speech complaints scheme starting September 1, 2026, specifically for staff, non-student members, and visiting speakers at registered higher education providers in England.
The regulations also authorize the enforcement of mandatory freedom of speech registration conditions starting April 1, 2027, though they exclude certain requirements related to students' unions and student-initiated complaints from this commencement phase.
Arguments For
The document states that the measures seek to implement a free speech complaints scheme provided by the Office for Students (OfS).
Proponents within the Department for Education frame these regulations as necessary steps to ensure higher education providers adhere to mandatory registration conditions regarding freedom of speech.
The regulations identify the legal basis for action as sections 13(3) and (4) of the 2023 Act, asserting the Secretary of State's authority to determine when specific legislative provisions take effect.
Arguments Against
Legal commentators might note that the phased commencement creates a period of legal complexity where some groups (like staff) have access to the complaints scheme while others (like students) do not yet have the same recourse under these specific regulations.
Implementation difficulties may arise for the Office for Students as they must distinguish between eligible person categories, such as members of staff versus students, when determining if a complaint falls under the partially commenced section 8.
Critics may point to the exclusion of student-led complaints and students' union matters from this specific commencement phase as an ambiguity in the immediate scope of protections for the student body.
Citation and interpretation
- -(1) These Regulations may be cited as the Higher Education (Freedom of Speech) Act 2023 (Commencement No. 4) Regulations 2026.
- (2) In these Regulations-
'the 2017 Act' means the Higher Education and Research Act 2017;
'the 2023 Act' means the Higher Education (Freedom of Speech) Act 2023.
This section establishes the official title of the regulations for legal citation purposes.
It also defines key abbreviations used throughout the document, clarifying that they refer to the Higher Education and Research Act 2017 and the Higher Education (Freedom of Speech) Act 2023.
Provisions of the 2023 Act coming into force on 1st September 2026
- -(1) The following provisions of the 2023 Act come into force on 1st September 2026.
(2) Section 8 (complaints scheme), except so far as it-
- (a) inserts paragraphs 1(2)(b) and 3 of Schedule 6A (students' union free speech complaints) into the 2017 Act or relates to a students' union free speech complaint;
- (b) relates to a HEP free speech complaint made by a person in their capacity as an eligible person by virtue of-
- (i) being or having been a student of a registered higher education provider or constituent institution; or
- (ii) being a member of a registered higher education provider or constituent institution solely by reason of being a student of that provider or constituent institution.
(3) Section 11 (minor and consequential amendments), so far as it relates to the provisions brought into force by paragraph (4) of this regulation.
(4) The following provisions of the Schedule (minor and consequential amendments), so far as they relate to the provision brought into force by paragraph (2) of this regulation-
- (a) paragraph 1;
- (b) paragraphs 5 and 6;
- (c) paragraph 7(1) to (3), (5)(a) and (6);
- (d) paragraph 13(1), (2)(a) and (b), (3)(a)(ii) and (4);
- (e) paragraph 19.
This section activates the legal framework for a free speech complaints scheme starting September 1, 2026.
It limits the scheme's application to complaints from staff, non-student members, and visiting speakers, while specifically excluding complaints from students or those involving students' unions.
The section also enacts various technical legal changes to existing laws required to support this new complaints mechanism.
Provisions of the 2023 Act coming into force on 1st April 2027
- Section 6 (regulation of duties of registered higher education providers) of the 2023 Act except so far as it inserts section 8A(3) (mandatory conditions relating to freedom of speech) into the 2017 Act comes into force on 1st April 2027.
This provision sets April 1, 2027, as the commencement date for section 6 of the 2023 Act, which concerns the regulation of free speech duties.
It requires higher education providers to meet certain freedom of speech conditions to maintain their registration, though it excludes the specific requirement for providers to inform the regulator about students' unions.
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