Consultation on the OfS’s approach to regulating students’ unions on free speech matters

Annex C: Minor and consequential amendments to the regulatory framework to reflect the OfS’s regulation of relevant students’ unions

1. This annex sets out minor and consequential amendments to the regulatory framework to reflect the OfS’s regulation of relevant students’ unions. Where we are amending a body of text, we have used red text to indicate additions and red strikethrough text to indicate deletions.
2. Add the Higher Education (Freedom of Speech) Act to ‘Wider context for the regulatory framework’ as follows:

• • Higher Education Freedom of Speech Act 2023

3. Amend para 23 as follows:

The OfS’s relationship with students and with students’ unions

Alongside the student representation on the board and Student Panel, the OfS will seek the input of individual students and their representative bodies, including students’ unions. The main regulator of student unions is the Charity Commission. Students’ unions can play an important part in the academic and wider experience of students, and form a significant element of the overall student experience. The OfS will therefore wants to work with students’ unions, taking account of their role and contribution. The main regulator of students’ unions is the Charity Commission. However, from 1 August 2024, the OfS regulates students’ unions for students at providers registered in the Approved (fee cap) category (see paragraphs 59-60) in relation to free speech matters.

4. In the table under paragraph 72, make the following amendment:
   
   

   The category in which the provider is registered*

   This information allows users of the Register to understand the regulatory requirements placed on a provider and the provider’s eligibility for public grant funding, student support funding, and a student sponsor licence. It also allows users of the Register to identify whether a provider’s students’ union is required to comply with free speech duties and is subject to OfS regulation in respect of free speech matters.

5. In the Glossary of the regulatory framework, add:

Constituent institution

Any constituent college, school, hall or other institution of a registered higher education provider

Registered higher education provider

‘Registered higher education provider’ has the same meaning as in Part 1 of HERA (see section 85 of that Act).

Relevant students’ union

A students’ union at a registered higher education provider that is eligible for financial support. This does not include a students’ union for students at a constituent institution of such a provider.

Students’ union

‘Students’ union’ has the same meaning as it has in Part 2 of the Education Act 1994 in relation to establishments to which that Part applies (see section 20 of that Act).

Member of a students’ union

‘Member’, in relation to a students’ union which is a representative body and not an association (see section 20(1)(b) of the Education Act 1994), means those whom it is the purpose of the union to represent, excluding any student who has signified that they do not wish to be represented by it.