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Higher Education (Freedom of Speech) Act 2023

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Changes over time for: Section 5

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This version of this provision is prospective. Help about Status

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5General functionsE+W

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(1)In section 2 of the Higher Education and Research Act 2017 (general duties of the Office for Students), in subsection (1), after paragraph (a) insert—

(aa)the need to promote the importance of freedom of speech within the law in the provision of higher education by English higher education providers,

(ab)the need to protect the academic freedom of academic staff at English higher education providers,.

(2)After section 69 of that Act insert—

Freedom of speechE+W

69AGeneral functions relating to freedom of speech and academic freedom

(1)The OfS must promote the importance of—

(a)freedom of speech within the law, and

(b)academic freedom for academic staff of registered higher education providers and their constituent institutions,

in the provision of higher education by registered higher education providers and their constituent institutions.

(2)The OfS may—

(a)identify good practice relating to how to support freedom of speech and academic freedom, and

(b)give advice about such practice to registered higher education providers and their constituent institutions.

(3)The Secretary of State may, by direction, require the OfS to report to the Secretary of State—

(a)in its annual report under paragraph 13 of Schedule 1, or

(b)in a special report,

on such matters relating to freedom of speech and academic freedom as may be specified in the direction.

(4)Where the Secretary of State is provided with a special report, the Secretary of State must lay it before Parliament.

(5)See paragraph 13 of Schedule 1 for the laying of the OfS’s annual reports.

Commencement Information

I1S. 5 not in force at Royal Assent, see s. 13(3)

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