Question to the Department for Education:

To ask His Majesty's Government whether they plan to extend the deadline of 1 August for implementation of the provisions of the Higher Education (Freedom of Speech) Act 2023, given that the Office for Students has yet to publish guidance on the new complaints scheme relating to freedom of speech.

The main provisions of the Higher Education (Freedom of Speech) Act 2023 will come into force on 1 August 2024. Provisions surrounding the new regulatory framework and overseas funding will come into force on 1 September 2025. There is currently no intention to delay the commencement of these provisions, the department will lay the required secondary legislation to meet these implementation dates.

The department will work in collaboration with the Office for Students (OfS) to implement the Act, to allow time for the sector to update their policies and codes of practice. The department meets regularly with OfS to understand progress.

The OfS have already launched three consultations related to:

• The regulation of students’ unions (closed).
• The new free-to-use complaints scheme (closed).
• Its proposed approach, regulatory advice and guidance on the duties related to freedom of speech and academic freedom. (open until 26 May 2024).

The proposed guidance is intended to help providers, constituent institutions and students’ unions to navigate the new free speech duties that the OfS expects to regulate from 1 August 2024. The department understands that the OfS intends to publish the final version on or before 1 August 2024.

A provisional implementation timetable is available on the OfS website: https://www.officeforstudents.org.uk/advice-and-guidance/quality-and-standards/freedom-of-speech/changes-to-regulation/.