Part 7The Office of Qualifications and Examinations Regulation

Chapter 2Functions in relation to qualifications

Recognised bodies: monitoring and enforcement

151CF1Monetary penalties: appeals

1

A recognised body may appeal to the First-tier Tribunal against—

a

a decision to impose a monetary penalty on the body under section 151A;

b

a decision as to the amount of the penalty.

2

An appeal under this section may be made on the grounds—

a

that the decision was based on an error of fact;

b

that the decision was wrong in law;

c

that the decision was unreasonable.

3

The requirement to pay the penalty is suspended pending the determination of an appeal under this section.

4

On an appeal under this section the Tribunal may—

a

withdraw the requirement to pay the penalty;

b

confirm that requirement;

c

vary that requirement;

d

take such steps as Ofqual could take in relation to the failure to comply giving rise to the decision to impose the requirement;

e

remit the decision whether to confirm the requirement to pay the penalty, or any matter relating to that decision, to Ofqual.