Search Legislation

Higher Education and Research Act 2017

Status:

This is the original version (as it was originally enacted).

Section 73

SCHEDULE 7Costs recovery: procedure, appeals and recovery etc

This schedule has no associated Explanatory Notes

Introduction

1This Schedule applies in relation to the imposition by the OfS of a requirement to pay costs on the governing body of a provider under section 73.

Procedure

2(1)The notice which the OfS gives the governing body under section 73(1) must specify—

(a)the amount required to be paid, and

(b)the period within which payment is required to be made (which must not be less than 28 days).

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

(a)how payment may be made,

(b)rights of appeal,

(c)the period within which an appeal may be made, and

(d)the consequences of non-payment.

(3)The governing body may require the OfS to provide a detailed breakdown of the amount specified in the notice.

(4)The requirement to pay the costs is suspended at any time when—

(a)an appeal under paragraph 3(1)(a) or (b), or a further appeal, could be brought in respect of the requirement to pay the costs, or

(b)such an appeal is pending.

(5)But that does not prevent the requirement to pay the costs taking effect if the governing body notifies the OfS that it does not intend to appeal.

Appeals

3(1)The governing body of a provider may appeal to the First-tier Tribunal against—

(a)a decision under section 73 to require it to pay costs;

(b)a decision as to the amount of those costs.

(2)An appeal under this paragraph 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)On an appeal under this paragraph the Tribunal may—

(a)withdraw the requirement to pay the costs;

(b)confirm that requirement;

(c)vary that requirement;

(d)remit the decision whether to confirm the requirement to pay the costs, or any matter relating to that decision, to the OfS.

Interest and recovery

4(1)This paragraph applies if all or part of an amount of costs that a governing body is required to pay under section 73 is unpaid by the time when it is required to be paid.

(2)The unpaid amount of the costs for the time being—

(a)carries interest at the rate for the time being specified in section 17 of the Judgments Act 1838, and

(b)does not also carry interest as a judgment debt under that section.

(3)The total amount of interest imposed under sub-paragraph (2) must not exceed the amount of the costs.

(4)The OfS may recover from the governing body, as a civil debt due to it, the unpaid amount of the costs and any unpaid interest.

Retention of sums received

5(1)The OfS must pay the sums received by it by way of a requirement to pay costs under section 73 to the Secretary of State except to the extent that the Secretary of State, with the consent of the Treasury, directs otherwise.

(2)The OfS must pay the sums received by it by way of interest under paragraph 4 to the Secretary of State.

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

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.

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

Close

See additional information alongside the content

Show Explanatory Notes for Sections: Displays relevant parts of the explanatory notes interweaved within the legislation content.

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 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 were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

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