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The Students’ Unions (Freedom of Speech) (Monetary Penalties) (England) Regulations 2024

Draft. This instrument was laid in draft and may differ from the one made. Look for the made version under its title.

Draft 2024, ISBN 9780348261417

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Draft Regulations laid before Parliament under section 119(2) of the Higher Education and Research Act 2017 (c. 29), for approval by resolution of each House of Parliament.

EDUCATION, ENGLAND

Made

Coming into force 1st August 2024

The Secretary of State makes these Regulations in exercise of the powers conferred by sections 69B(3) and (4) and 119(5) of the Higher Education and Research Act 2017f1.

In accordance with section 119(2) of that Act, a draft of this instrument was laid before, and approved by a resolution of, each House of Parliament.

Annotations to the whole text

Footnotes

f1

2017 c. 29; section 69B was inserted by section 7 of the Higher Education (Freedom of Speech) Act 2023 (c. 16).

Contents

  1. 1Citation, commencement, extent and interpretation
  2. 2Maximum amount of monetary penalty
  3. 3Matters to which the OfS must have regard
  4. Signature
  5. Explanatory note

1Citation, commencement, extent and interpretation

(1)

These Regulations may be cited as the Students’ Unions (Freedom of Speech) (Monetary Penalties) (England) Regulations 2024 and come into force on 1st August 2024.

(2)

These Regulations extend to England and Wales.

(3)

In these Regulations, “the Act” means the Higher Education and Research Act 2017.

2Maximum amount of monetary penalty

The amount of a penalty determined by the OfSf1 under section 69B(3) of the Act (functions of the OfS in relation to students’ unions) must not exceed £50,000.

3Matters to which the OfS must have regard

(1)

In exercising its power to impose a monetary penalty on a students’ unionf1 under section 69B(2) of the Act, in addition to any other matters it considers appropriate, the OfS must have regard to—

(a)

the nature, seriousness, duration and impact of the relevant breach;

(b)

any financial or other gain made by the students’ union as a result of the relevant breach which benefits the students’ union;

(c)

any financial or other loss avoided as a result of the relevant breach which benefits the students’ union;

(d)

where any gain described in sub-paragraph (b) or avoided loss in sub-paragraph (c) can be quantified, the amount of any such gain or avoided loss;

(e)

any previous breach of the students’ union’s duties under section A5 of the Act (duty to take steps to secure freedom of speech) or A6 of that Act (code of practice)f2;

(f)

any steps taken by the students’ union following the relevant breach to avoid a breach in the future of its duties under those sections;

(g)

the impact that imposing a monetary penalty on the students’ union is likely to have on—

(i)

members of the students’ union;

(ii)

other students of the provider, who are not members of the students’ union which is for students at that provider;

(iii)

students generally, or students of a particular description, of all providers.

(2)

In this regulation—

  • “provider” means a registered higher education provider that is eligible for financial supportf3;

  • “relevant breach” means a breach of one or more of the students’ union’s duties under section A5 or A6 of the Act in respect of which the OfS is considering the imposition of a monetary penalty.

Signature

Parliamentary Under Secretary of State

Department for Education

Date

Explanatory note

(This note is not part of the Regulations)

These Regulations make provision in relation to England regarding the imposition of a monetary penalty by the Office for Students (“OfS”) on a students’ union in respect of a breach of its duties under section A5 (duty to take steps to secure freedom of speech) or A6 (code of practice) of the Higher Education and Research Act 2017 (c. 29) (“the Act”). The students’ unions which are subject to such duties are students’ unions for students at higher education providers registered with the OfS as approved (fee cap) providers.

Regulation 2 provides for the maximum monetary penalty that the OfS can determine under section 69B(3) of the Act (functions of the OfS in relation to students’ unions).

Regulation 3 sets out the factors to which the OfS must have regard when it exercises its power under section 69B(2) of the Act to impose a monetary penalty.

A full impact assessment of the effect that the Higher Education (Freedom of Speech) Act 2023 (c. 16) (which inserted section 69B in the Act) will have on the costs of business, the voluntary sector and the public sector is available at https://www.legislation.gov.uk/ukpga/2023/16/pdfs/ukpgaod_20230016_en_001.pdf or from the Department for Education, Sanctuary Buildings, Great Smith Street, London, SW1P 3BT. A further impact assessment has not been produced for this instrument as no additional impact on the private, voluntary or public sector is foreseen.