Higher Education (Freedom of Speech) Act 2023
The question
To ask the Secretary of State for Education, pursuant to the Answer of 8 April 2025 to Question 42191 on University of Sussex: Disciplinary Proceedings and with reference to her oral statement of 15 January 2025 on Higher Education Regulatory Approach, Official Report, column 379-382, when the parts of the Higher Education (Freedom of Speech) Act 2023 not being amended will come into force; and when she plans to introduce legislation to amend that Act.
Answered by Janet Daby
On Monday 28 April, my right hon. Friend, the Secretary of State for Education signed commencement regulations for the Higher Education (Freedom of Speech) Act 2023. These regulations commence the following provisions in the Act from 1 August 2025:
- Duties on higher education (HE) providers (and their constituent institutions) to take reasonably practicable steps to secure freedom of speech within the law, to put in place a code of practice on freedom of speech and academic freedom, and to promote freedom of speech.
- The ban on non-disclosure agreements for staff and students at HE providers in cases of bullying, harassment and sexual misconduct.
- The duties on the Office for Students to promote freedom of speech and the power to identify good practice and advise HE providers on it.
We are seeking a suitable legislative vehicle to amend and repeal the remaining elements of the Act in due course.
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