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Part 7E+W+N.I.The Office of Qualifications and Examinations Regulation

Chapter 2E+W+N.I.Functions in relation to qualifications

Recognised bodies: monitoring and enforcementE+W+N.I.

[F1151CMonetary penalties: appealsE+W+N.I.

(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.]

Textual Amendments

F1Ss. 151A-151D inserted (1.5.2012) by Education Act 2011 (c. 21), ss. 23(3), 82(3); S.I. 2012/924, art. 3