Statutory Instruments
2026 No. 654 (C. 53)
EDUCATION, ENGLAND
The Higher Education (Freedom of Speech) Act 2023 (Commencement No. 4) Regulations 2026
Made
17th June 2026
The Secretary of State makes these Regulations in exercise of the powers conferred by section 13(3) and (4) of the Higher Education (Freedom of Speech) Act 2023(1).
Citation and interpretation
1.—(1) These Regulations may be cited as the Higher Education (Freedom of Speech) Act 2023 (Commencement No. 4) Regulations 2026.
(2) In these Regulations—
“ the 2017 Act ” means the Higher Education and Research Act 2017 ( 2 );
“ the 2023 Act ” means the Higher Education (Freedom of Speech) Act 2023 .
Provisions of the 2023 Act coming into force on 1st September 2026
2.—(1) The following provisions of the 2023 Act come into force on 1st September 2026.
(2) Section 8 (complaints scheme), except so far as it—
(a)inserts paragraphs 1(2)(b) and 3 of Schedule 6A (students’ union free speech complaints) into the 2017 Act or relates to a students’ union free speech complaint(3); or
(b)relates to a HEP free speech complaint(4) made by a person in their capacity as an eligible person(5) by virtue of—
(i)being or having been a student of a registered higher education provider or constituent institution; or
(ii)being a member(6) of a registered higher education provider or constituent institution solely by reason of being a student of that provider or constituent institution.
(3) Section 11 (minor and consequential amendments), so far as it relates to the provisions brought into force by paragraph (4) of this regulation.
(4) The following provisions of the Schedule (minor and consequential amendments), so far as they relate to the provision brought into force by paragraph (2) of this regulation—
(a)paragraph 1;
(b)paragraphs 5 and 6;
(c)paragraph 7(1) to (3), (5)(a) and (6);
(d)paragraph 13(1), (2)(a) and (b), (3)(a)(ii) and (4); and
(e)paragraph 19.
Provisions of the 2023 Act coming into force on 1st April 2027
3. Section 6 (regulation of duties of registered higher education providers) of the 2023 Act except so far as it inserts section 8A(3) (mandatory conditions relating to freedom of speech) into the 2017 Act comes into force on 1st April 2027.
Josh MacAlister
Parliamentary Under-Secretary of State
Department for Education
17th June 2026
A students’ union free speech complaint is defined in paragraph 3 of Schedule 6A, inserted into the Higher Education and Research Act 2017 (c. 29) (“the 2017 Act”) by section 8(2) of the Higher Education (Freedom of Speech) Act 2023 (c. 16) (“the 2023 Act”).
A HEP free speech complaint is defined in paragraph 2 of Schedule 6A, inserted into the 2017 Act by section 8(2) of the 2023 Act.
“Eligible person” is defined in paragraph 2(2) of Schedule 6A, inserted into the 2017 Act by section 8(2) of the 2023 Act.
“Member” is defined in section 85 of the 2017 Act, inserted into the 2017 Act by paragraph 11(1) and (2)(d) of the Schedule to the 2023 Act.
The Higher Education (Freedom of Speech) Act 2023 (Commencement No. 2) Regulations 2024 (S.I. 2024/566) (C. 34)) (“the Regulations”) were revoked by the Higher Education (Freedom of Speech) Act 2023 (Commencement No. 2) (Revocation) Regulations 2024 (S.I. 2024/824) (C. 52)) before the dates on which the remaining provisions of the Higher Education (Freedom of Speech) Act 2023 (c. 16) would have been commenced by the Regulations.