PART 7

ENFORCEMENT POWERS OF QUALIFICATIONS WALES

Monetary penalties: appeals
39
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If an appeal is made under this section, the requirement to pay the penalty is suspended until the appeal is withdrawn or determined.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.