Search Legislation

Qualifications Wales Act 2015

Status:

This is the original version (as it was originally enacted).

38Power to impose monetary penalties

This section has no associated Explanatory Notes

(1)If it appears to Qualifications Wales that an awarding body has failed to comply with a condition to which its recognition is subject, Qualifications Wales may impose a monetary penalty on the body.

(2)If it appears to Qualifications Wales that an awarding body that awards an approved qualification has failed to comply with a condition to which that approval is subject, Qualifications Wales may impose a monetary penalty on the body.

(3)A “monetary penalty” is a requirement to pay to Qualifications Wales a penalty of an amount determined by it in accordance with regulations.

(4)Before imposing a monetary penalty, Qualifications Wales must give notice to the awarding body concerned of its intention to do so.

(5)The notice must—

(a)set out Qualifications Wales’ reasons for proposing to impose the penalty;

(b)specify the proposed amount of the penalty;

(c)specify a period with the expiry of which Qualifications Wales proposes to decide whether to impose the penalty.

(6)The period specified under subsection (5)(c) must be a period of at least 28 days beginning with the date of the notice.

(7)In deciding whether to impose the penalty, Qualifications Wales must have regard to any representations made by the awarding body.

(8)If Qualifications Wales decides to impose a monetary penalty, it must give the awarding body concerned a notice specifying—

(a)the amount of the penalty, and

(b)the period within which payment must be made.

(9)The period specified under subsection (8)(b) must be a period of at least 28 days beginning with the date of the notice.

(10)The notice must also contain information as to—

(a)the grounds for imposing the penalty,

(b)how payment may be made,

(c)rights of appeal under section 39, and

(d)the consequences of non-payment.

(11)Any sums received by Qualifications Wales by way of a monetary penalty imposed under this section or interest under section 40 must be paid by it into the Welsh Consolidated Fund.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area. The revised version is currently only available in English.

Original (As Enacted or Made) - English:The original English language version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Original (As Enacted or Made) - Welsh:The original Welsh language version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the Welsh Government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes accompany all Acts of the National Assembly for Wales.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources