Section 69E — Overseas funding: students’ unions

(1) [F1 The OfS must monitor the overseas funding of students’ unions at registered higher education providers that are eligible for financial support with a view to assessing the extent to which the funding presents a risk to the matter in subsection (2).]

(2) [F1 The matter is freedom of speech within the law for—]

(a) [F1 members of the students’ unions,]

(b) [F1 students of the providers,]

(c) [F1 staff of the students’ unions,]

(d) [F1 staff and members of the providers and of their constituent institutions, and]

(e) [F1 visiting speakers.]

(3) [F1 The duty in subsection (1) includes a duty to consider, in a case where the OfS has found that a students’ union is in breach of its duty under section A5, whether overseas funding was relevant to the breach.]

(4) [F1 For the purpose of the function of the OfS under subsection (1), a students’ union referred to in that subsection must provide to the OfS at such times, and in respect of such periods, as the OfS may reasonably request—]

(a) [F1 information as to any amounts received from a relevant overseas person, where the amounts exceed the threshold in any period of 12 months specified by the OfS, and]

(b) [F1 if the OfS considers it appropriate in any circumstances, such other information as the OfS may reasonably require.]

(5) [F1 If a students’ union fails to comply with its duty under subsection (4), the OfS may enforce the duty in civil proceedings for an injunction.]

(6) [F1 The following provisions of section 69D apply for the purposes of this section—]

(a) [F1 subsection (7) (things other than money);]

(b) [F1 subsections (8) and (9) (meaning of “relevant overseas person”);]

(c) [F1 subsections (10) and (11) (meaning of “threshold”).]

Amendment notes

1. F1 Ss. 69D, 69E inserted (11.5.2023 for specified purposes) by Higher Education (Freedom of Speech) Act 2023 (c. 16), ss. 9(2), 13(1)(b)(3)