Unless 9 words are removed from the new RCUK OA policy, it is in direct contradiction with the very first item of the new BOAI-10-Recommendations for institutions. 

RCUK Draft OA Policy:

Peer reviewed research papers which result from research that is wholly or partially funded by the Research Councils:

1. must be published in journals which are compliant with Research Council policy on Open Access (see section 4)....

4. Compliance of Journals

The Research Councils will continue to support a mixed approach to Open Access. The Research Councils will recognise a journal as being compliant with their policy on Open Access if:

1. The journal provides via its own website immediate and unrestricted access to the publisher’s final version of the paper (the Version of Record), and allows immediate deposit of the Version of Record in other repositories without restriction on re-use. This may involve payment of an ‘Article Processing Charge’ (APC) to the publisher. The CC-BY license should be used in this case.

Or

2. Where a publisher does not offer option 1 above, 

the journal must allow deposit of Accepted Manuscripts that include all changes resulting from peer review (but not necessarily incorporating the publisher’s formatting) in other repositories, without restrictions on non-commercial re-use and within a defined period. In this option no ‘Article Processing Charge’ will be payable to the publisher. Research Councils will accept a delay of no more than six months between on-line publication and a research paper becoming Open Access, except in the case of research papers arising from research funded by the AHRC and the ESRC where the maximum embargo period is 12 months.