Part 4: Miscellaneous and General Institutions within the further education sector: procedure for designation Section 33: Office for Students: publication and protection from defamation
This section inserts new sections 67A to 67C into HERA 2017.
	Section 67A gives a general power to the OfS to publish notices, decisions and reports given or made in the performance of its functions. For new inserted section 67A:
Subsection (2) provides that this power does not affect any other power of the OfS to publish such a matter.
Subsection (3) provides that publication under this power does not breach any duty of confidence or other restriction on publication or disclosure of information.
Subsection (4) provides that the OfS is not authorised to publish information under this power where doing so would contravene data protection legislation.
Subsection (5) provides that, before deciding whether to publish, the OfS must consider various specified factors.
Subsection (6) makes provision about the meaning of references to decisions for the purposes of this section and sections 67B and 67C.
	Section 67B concerns the publication by the OfS of a decision to conduct an investigation. For this inserted section:
Subsection (2) provides that, if a publication identifies a provider or other body or individual whose activities are being investigated and then the OfS subsequently makes no finding or takes no action, then the OfS must publish a notice stating that fact.
Subsection (3) provides that defamation protection is given where specified information is included in the publication.
	Section 67C provides that a publication of a notice, decision or report is privileged unless it is shown to have been made with malice (qualified defamation privilege).