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Change 1
As published
67B Publication of decision to conduct or terminate investigation
(1) This section applies where under section 67A(1) the OfS publishes a decision to conduct an investigation.
(2) If the publication identifies a higher education provider or other body or individual whose activities are being, or to be, investigated, and—
(a) the OfS terminates the investigation without making any finding, or
(b) the findings of the investigation, so far as they relate to the higher education provider, body or individual, do not result in the OfS taking any further action,
the OfS must publish a notice stating that fact.
(3) Section 67C does not apply Neither section 67C nor paragraph 13 of Schedule 6A applies to the publication of the decision to conduct the investigation to the extent that it includes information other than—
(a) a statement of the OfS’s decision to conduct the investigation,
(b) a summary of the matter being, or to be, investigated, and
(c) a reference to the identity of any higher education provider or other body or individual whose activities are being, or to be, investigated.
(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(i) does not make a decision as to whether a free speech complaint is justified because the complaint is withdrawn, or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.
(4) See section 67A(6) for the meaning of references to decisions.
Your change, as a redline
67B Publication of decision to conduct or terminate investigation
(1) This section applies where under section 67A(1) the OfS publishes a decision to conduct an investigation.
(2) If the publication identifies a higher education provider or other body or individual whose activities are being, or to be, investigated, and—
(a) the OfS terminates the investigation without making any finding, or
(b) the findings of the investigation, so far as they relate to the higher education provider, body or individual, do not result in the OfS taking any further action,
the OfS must publish a notice stating that fact.
(3) Section 67C does not apply Neither section 67C nor paragraph 13 of Schedule 6A applies to the publication of the decision to conduct the investigation to the extent that it includes information other than—
(a) a statement of the OfS’s decision to conduct the investigation,
(b) a summary of the matter being, or to be, investigated, and
(c) a reference to the identity of any higher education provider or other body or individual whose activities are being, or to be, investigated.
(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.
(4) See section 67A(6) for the meaning of references to decisions.
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