SCHEDULEMinor and consequential amendments

PART 1Higher Education and Research Act 2017

I15

1

Section 67B (publication of decision to conduct or terminate investigation) is amended as follows.

2

In subsection (3), for “Section 67C does not apply” substitute “Neither section 67C nor paragraph 13 of Schedule 6A applies”.

3

After subsection (3) insert—

3A

In the application of this section to publication of a decision under the scheme provided by virtue of Schedule 6A (free speech complaints scheme)—

a

references to an investigation (however expressed) are to a review of a free speech complaint under the scheme;

b

for the purposes of subsection (2)(a), the OfS terminates an investigation without making a finding if it—

i

does not make a decision as to whether a free speech complaint is justified because the complaint is withdrawn, or

ii

dismisses a free speech complaint without considering its merits;

c

for the purposes of subsection (2)(b), the findings of an investigation do not result in the OfS taking any further action only where—

i

the OfS decide that a complaint is wholly not justified, or

ii

the OfS decide that a complaint is justified (wholly or partly) but do not make any recommendations about the person about which the complaint is made.