Official guidance for SUs

The Education Act 1994 is an act passed by the Parliament of the United Kingdom under John Major’s government in 1994, which primarily established the Teacher Training Agency and allowed students to “opt out” of students’ unions.

Part II focuses specifically on the legal definition of a students’ union and requirements on their practice and form.

Section 43 of the Education (No. 2) Act 1986 imposed an obligation on university governing bodies to take reasonably practicable steps to ensure that freedom of speech within the law is secured, both on university and SU premises. Since 1 August 2025 it no longer applies to providers in England, where it has been replaced by the duties in the Higher Education (Freedom of Speech) Act 2023 – it continues to apply in Wales.

The Higher Education (Freedom of Speech) Act 2023 inserted new free speech duties into the Higher Education and Research Act 2017. The sections of the Act that would have placed direct duties on SUs in England were never commenced, and the government has said they will be repealed.

Instead, university duties – including the duty to maintain a code of practice covering SU meetings and activities – came into force on 1 August 2025 and extend to SU activity. The OfS free speech complaints scheme opened on 1 September 2026, and will not consider complaints about SUs, while the new conditions of registration are due to commence on 1 April 2027.

“Operational guidance” covers the Charity Commission’s policy and practice based on charity law. OGs are written for its staff to help them carry out their work in a fair and consistent way. They are designed to make the legal background to its policy clearer and for staff to access more easily the information to help them as they take forward a case. The Commission publishes its OGs on its Knowledge Hub platform.

OG48 specifically covers SUs, and looks at what an SU is, the structure, charitable status and legal forms of SUs, the relationships between SUs and their parent institutions, democratic decision making and activity, political activity and campaigning, commercial activities, speakers and events, “No Platform” policies, and risk management.

The Charity Commission and the Office for Students have a memorandum of understanding which sets out how the two regulators work together and share information.

In 2025 the Higher Education Policy Institute published a paper revisiting the legal framework for SUs.

The Office for Students’ Regulatory advice 24 sets out its guidance to providers in England on the free speech duties, including what university codes of practice should say about SU activities and how decisions affecting free speech should be taken.

In 2018 the House of Commons and House of Lords Joint Committee on Human Rights published guidance on free speech and events as an annex to its report on freedom of speech in universities.

In 2019 the Equality and Human Rights Commission produced guidance on free speech and freedom of expression aimed at universities and SUs.

The Charity Commission’s guidance on protecting charities from abuse for extremist purposes includes a section on managing speakers and events.

In 2016 NUS sought a QC opinion on recurrent legal issues regarding the conduct of debates, motions and speaker events by SUs, and other aspects of the affairs of SUs and the duties of their officers.

In 2007 NUS sought a QC opinion on legal issues concerning the relationship between universities and SUs, and whether an SU is separate from its university.

In 2014 the EHRC produced guidance for universities and SUs on gender segregation.

The Office of the Independent Adjudicator has published a casework note on free speech and student complaints.

SUs are formally not covered by FOI, although correspondence with and data held on the SU by the university is.

Even when they share staff and accommodation with a public authority, they are not subject to the Freedom of Information Act. Information belonging to the union which is stored on the premises or systems of a public authority is deemed to be held by the public authority on behalf of the union, and is therefore not subject to the Act.

See here for the original guidance.

In 2011 the Committee of University Chairs and NUS jointly produced guidance on the responsibilities of university governors towards SUs.

In June 2026 the CUC published a new Code of Higher Education Governance, which includes expectations on student members of governing bodies and engagement with the student body.

In 2023 NUS Charity and GuildHE produced guidance on carrying out an annual review of SU governance and of the relationship between the SU and the university, including a template memorandum of understanding.

In 2023 NUS, working with Bates Wells, published guidance on the legal position of students at partner colleges and how SUs can shape what they offer them.

In England, the OfS publishes a guide to its work aimed at student representatives and SUs.

The UK Quality Code’s advice and guidance on student engagement covers the role of SUs and students’ associations in representation and quality across all four nations.

In Wales, Medr’s Learner Engagement Code sets out how tertiary providers must engage learners, including the role of independent SUs.

In Scotland, the Scottish Funding Council’s guidance on quality expects partnership between institutions and an effective students’ association, and requires a student partnership agreement.

sparqs publishes guidance on developing and implementing student partnership agreements, and a framework for developing strong and effective college students’ associations.

In 2007 the Equality Challenge Unit, the Association of Managers in Students’ Unions and NUS undertook joint work on “inclusive” SUs.

The EHRC’s updated statutory Code of Practice for services, public functions and associations came into force on 5 August 2026. It covers SUs both as service providers and as associations, including on single-sex and separate-sex provision following the Supreme Court’s For Women Scotland judgment.

Since October 2024 employers, including SUs, have been under a duty to take reasonable steps to prevent sexual harassment of their employees, and the EHRC has published technical guidance on the duty.

In 2024 Universities UK and NUS wrote jointly to university and SU leaders on tackling antisemitism, Islamophobia and other forms of racism while protecting free speech.

The Prevent duty guidance for England and Wales expects university Prevent policies to set out what is expected of SUs and student societies, and expects SUs to work closely with their institution on implementing the duty. Scotland has separate guidance.

In 2019 Universities UK published a briefing on initiations, with a consensus statement, good practice examples and recommendations for universities on tackling harmful initiations in student groups and societies.

In 2018 the Secretary of State for Education issued guidance to the OfS on providers in England facilitating student electoral registration, which includes good practice examples of universities working with their SUs on registration drives.

The UK Council for International Student Affairs has published specific guidance on international students who are elected as SU sabbatical officers.

In 2020 the Office of the Independent Adjudicator produced a toolkit of information aimed at SUs, their staff and officers.