PART 7ENFORCEMENT POWERS OF QUALIFICATIONS WALES

39Monetary penalties: appeals

1

An awarding body may appeal to the First-tier Tribunal against—

a

a decision to impose a monetary penalty on the body under section 38;

b

a decision as to the amount of the penalty.

2

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

a

that the breach of condition in respect of which the monetary penalty was imposed did not occur, or

b

that the decision was otherwise—

i

based on an error of fact,

ii

wrong in law, or

iii

unreasonable.

3

If an appeal is made under this section, the requirement to pay the penalty is suspended until the appeal is withdrawn or determined.

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

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