Higher Education (Freedom of Speech) Act 2023

5 (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(i) does not make a decision as to whether a free speech complaint is justified because the complaint is withdrawn, or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.”