The Higher Education (Investigation Fees) (England) Regulations 2022

Notice of fee payable and when it must be paid E+W

5.—(1) The OfS must notify the governing body of an institution of any fee payable by the governing body under regulation 2.

(2) The notice must—

(a) state the date on which the notice is issued;

(b) specify the amount of the fee;

(c) explain how the OfS has determined the sum referred to in regulation 2(3);

(d) specify the period within which the fee must be paid;

(e) explain the consequences under regulation 6 of not paying the fee within that period;

(f) specify the period during which the governing body may make representations about the fee to the OfS (“the representations period”);

(g) specify the way in which those representations may be made.

(3) The period specified under paragraph (2)(d) within which the fee must be paid must not be of less than 30 days beginning with the date on which the notice is issued.

(4) The representations period must not be of less than 14 days beginning with the date on which the notice is issued.

(5) For the purposes of this regulation, representations in writing are made when they are received by the OfS.

(6) Where the governing body makes representations about the fee during the representations period, the OfS—

(a) must have regard to the representations, and

(b) must within a reasonable period, by notifying the governing body—

(i) confirm the notice given under paragraph (1),

(ii) vary that notice, or

(iii) withdraw that notice.

(7) A notice under paragraph (6)(b) must state the date on which it is issued.

(8) Where the governing body makes representations about the fee during the representations period, the requirement to pay the fee is suspended until the date on which the OfS issues a notice under paragraph (6)(b) confirming or varying the notice under paragraph (1).

(9) Where the OfS decides under paragraph (6)(b) to confirm or vary the notice given under paragraph (1)—

(a) the OfS must ensure, by varying the notice given under paragraph (1) as necessary, that the period within which the fee is required to be paid is a period of not less than 14 days beginning with the date on which the notice under paragraph (6)(b) is issued;

(b) the OfS need not allow any further period for representations to be made by the governing body about the fee.

Commencement Information

I1 Reg. 5 in force at 8.12.2022, see reg. 1(2)