Consultation on the OfS’s approach to regulating students’ unions on free speech matters
Published 14 December 2023
Proposals
The OfS’s new functions in relation to relevant students’ unions
- The Act will amend HERA to extend the OfS’s regulation of free speech matters to relevant students’ unions. This will be implemented through the insertion of a new section 69B to HERA. Section 69B of HERA is set out below. We expect these provisions to come into force on 1 August 2024.
Section 69B of HERA: Functions of the OfS in relation to students’ unions
(1) The OfS must monitor whether students’ unions to which sections A5 and A6 apply are complying with their duties under those sections.
(2) The OfS may impose a monetary penalty on a students’ union if it appears to the OfS that it is failing or has failed to comply with any of its duties under those sections.
(3) A ‘monetary penalty’ is a requirement to pay the OfS a penalty of an amount determined by the OfS in accordance with regulations made by the Secretary of State.
(4) The Secretary of State may by regulations make provision about matters to which the OfS must, or must not, have regard in exercising its power under subsection (2).
(5) Schedule 3 (monetary penalties: procedure etc) applies in relation to the imposition of a penalty on a students’ union under subsection (2), but as if—
(a) references to a registered higher education provider or the governing body of such a provider were references to the students’ union, and
(b) references to section 15 were references to subsection (2).
(6) The OfS must maintain a list of the students’ unions to which, according to the information held by the OfS, sections A5 and A6 apply.
(7) The OfS must make the list maintained under subsection (6) publicly available by such means as it considers appropriate.
(8) A students’ union to which sections A5 and A6 apply must provide the OfS, or a person nominated by the OfS, with such information for the purposes of the performance of the OfS’s functions under this section as the OfS may require it to provide.
(9) If a students’ union fails to comply with a requirement under subsection (8) and does not satisfy the OfS that it is unable to provide the information, the OfS may enforce the duty to comply with the requirement in civil proceedings for an injunction.
- Sections A5 and A6 of HERA set out the new free speech duties for relevant students’ unions. We have summarised these in the ‘Introduction’ section of this document. They are also set out in full in our proposed new Part IIIA of our regulatory framework (Annex B).
- ‘Relevant students’ unions’ are students’ unions of providers that are registered with the OfS in the ‘Approved (fee cap) category’, excluding students’ unions of any constituent college, school, hall or other institution of the provider.18
[18] See HERA Part A1 section A5(6)-(7) and the OfS Register.
Describe your experience of using this website