Higher Education (Freedom of Speech) Act 2023

9 (1) Section 75 (regulatory framework) is amended as follows.

(2) In subsection (3)—

(a) in paragraph (a), omit the final “and”;

(b) after paragraph (b) insert “, and

(c) guidance for students’ unions to which sections A5 and A6 apply on their duties under those sections.”

(3) In subsection (7), after “The guidance” insert “under subsection (3)(b)”.

(4) After subsection (7) insert—

“(7A) Guidance under subsection (3)(c) must include guidance for the purpose of helping to determine whether or not students’ unions are complying with their duties under sections A5 and A6.

(7B) The guidance under subsection (3)(c) may in particular specify—

(a) what the OfS considers students’ unions need to do to comply with their duties under sections A5 and A6;

(b) factors which the OfS will take into account in determining, for the purposes of section 69B, whether or not a students’ union is complying with its duties under those sections.”

(5) In subsection (8)—

(a) in paragraph (b), omit the final “and”;

(b) after paragraph (b) insert—

“(ba) in relation to guidance under subsection (3)(c), such bodies appearing to the OfS to represent the interests of students’ unions as the OfS considers appropriate, and”.