38Power to impose monetary penalties
(1)If it appears to Qualifications Wales that an awarding body has failed to comply with a condition to which its recognition is subject, Qualifications Wales may impose a monetary penalty on the body.
(2)If it appears to Qualifications Wales that an awarding body that awards an approved qualification has failed to comply with a condition to which that approval is subject, Qualifications Wales may impose a monetary penalty on the body.
(3)A “monetary penalty” is a requirement to pay to Qualifications Wales a penalty of an amount determined by it in accordance with regulations.
(4)Before imposing a monetary penalty, Qualifications Wales must give notice to the awarding body concerned of its intention to do so.
(5)The notice must—
(a)set out Qualifications Wales’ reasons for proposing to impose the penalty;
(b)specify the proposed amount of the penalty;
(c)specify a period with the expiry of which Qualifications Wales proposes to decide whether to impose the penalty.
(6)The period specified under subsection (5)(c) must be a period of at least 28 days beginning with the date of the notice.
(7)In deciding whether to impose the penalty, Qualifications Wales must have regard to any representations made by the awarding body.
(8)If Qualifications Wales decides to impose a monetary penalty, it must give the awarding body concerned a notice specifying—
(a)the amount of the penalty, and
(b)the period within which payment must be made.
(9)The period specified under subsection (8)(b) must be a period of at least 28 days beginning with the date of the notice.
(10)The notice must also contain information as to—
(a)the grounds for imposing the penalty,
(b)how payment may be made,
(c)rights of appeal under section 39, and
(d)the consequences of non-payment.
(11)Any sums received by Qualifications Wales by way of a monetary penalty imposed under this section or interest under section 40 must be paid by it into the Welsh Consolidated Fund.