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(3)If an appeal is made under this section, the requirement to pay the penalty is suspended until the appeal is withdrawn or determined.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