Correction to Higher Education Freedom of Speech Provisions
Corrected a typographical error in the commencement schedule of the Higher Education (Freedom of Speech) Act 2023.
This statutory instrument issues a formal correction to the Higher Education (Freedom of Speech) Act 2023 (Commencement No. 4) Regulations 2026.
It modifies the specific list of subparagraphs under paragraph 13 that are triggered by the commencement order, ensuring the legal text accurately reflects the intended implementation of the Act.
The regulation applies to the regulatory framework governing higher education providers and students' unions in England regarding their free speech duties.
Arguments For
The document aims to ensure legislative accuracy by correcting a specific reference within the previous commencement regulations.
Proponents of such corrections argue that precise statutory referencing is necessary to avoid legal ambiguity regarding which specific subsections of an Act are in force.
The correction aligns the text with the intended scope of the commencement order for paragraph 13 of the schedule.
Arguments Against
Legal practitioners may find that frequent corrections to commencement orders complicate the tracking of active legislation.
Critics might argue that typographical errors in commencement instruments reflect a lack of rigorous oversight during the initial drafting process.
Page 2, regulation 2(4)(d): 'paragraph 13(1), (2)(a) and (b), (3)(a)(ii) and (4)' should read 'paragraph 13(1), (2), (3)(a)(ii) and (4)'.
This provision amends a specific citation error in the fourth commencement regulations for the Act.
By replacing the restricted reference to subparagraphs (2)(a) and (b) with a broader reference to subparagraph (2), it ensures that the entirety of paragraph 13(2) is correctly identified as being brought into force.
This affects how secondary legislation references the activation of duties related to freedom of speech in higher education.
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