# The Students’ Unions (Freedom of Speech) (Monetary Penalties) (England) Regulations 2024, Note: 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.

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Source: https://www.legislation.gov.uk/ukdsi/2024/9780348261417/note (the official version)
Page: https://openlegislation.uk/draft-students-unions-freedom-of-speech-monetary-penalties-england-regulations-2024/note
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.