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Qualifications Wales Act 2015

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This is the original version (as it was originally enacted).

40Monetary penalties: interest

This section has no associated Explanatory Notes

(1)Subsection (3) applies if all or part of a monetary penalty imposed on an awarding body under section 38 is unpaid at the end of the period ending with the applicable date.

(2)The applicable date is the latest of—

(a)the last date on which payment may be made in accordance with the notice given under section 38(8);

(b)the last date on which the awarding body may make an appeal under section 39 in respect of the penalty, if no such appeal is made on or before that date;

(c)if an appeal under section 39 in respect of the penalty is made on or before the date referred to in paragraph (b)—

(i)the final day of the period of 14 days beginning with the date on which the appeal is determined, or

(ii)if the appeal is withdrawn before being determined, the final day of the period of 14 days beginning with the date on which the appeal is withdrawn.

(3)The unpaid amount of the penalty for the time being carries interest, beginning with the day after the applicable date, at the rate for the time being specified in section 17 of the Judgments Act 1838 (c.110) (and does not also carry interest as a judgment debt under that section).

(4)The total amount of interest imposed under subsection (3) must not exceed the amount of the penalty.

(5)No interest is payable in respect of any period during which the requirement to pay a monetary penalty is suspended under section 39(3).

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