Higher Education and Research Act 2017

Section 73

SCHEDULE 7 Costs recovery: procedure, appeals and recovery etc

Introduction

1 This Schedule applies in relation to the imposition by the OfS of a requirement to pay costs on the governing body of a provider under section 73.

Procedure

2 (1) The notice which the OfS gives the governing body under section 73(1) must specify—

(a) the amount required to be paid, and

(b) the period within which payment is required to be made (which must not be less than 28 days).

(2) The notice must also contain information as to—

(a) how payment may be made,

(b) rights of appeal,

(c) the period within which an appeal may be made, and

(d) the consequences of non-payment.

(3) The governing body may require the OfS to provide a detailed breakdown of the amount specified in the notice.

(4) The requirement to pay the costs is suspended at any time when—

(a) an appeal under paragraph 3(1)(a) or (b), or a further appeal, could be brought in respect of the requirement to pay the costs, or

(b) such an appeal is pending.

(5) But that does not prevent the requirement to pay the costs taking effect if the governing body notifies the OfS that it does not intend to appeal.

Appeals

3 (1) The governing body of a provider may appeal to the First-tier Tribunal against—

(a) a decision under section 73 to require it to pay costs;

(b) a decision as to the amount of those costs.

(2) An appeal under this paragraph may be made on the grounds—

(a) that the decision was based on an error of fact;

(b) that the decision was wrong in law;

(c) that the decision was unreasonable.

(3) On an appeal under this paragraph the Tribunal may—

(a) withdraw the requirement to pay the costs;

(b) confirm that requirement;

(c) vary that requirement;

(d) remit the decision whether to confirm the requirement to pay the costs, or any matter relating to that decision, to the OfS.

Interest and recovery

4 (1) This paragraph applies if all or part of an amount of costs that a governing body is required to pay under section 73 is unpaid by the time when it is required to be paid.

(2) The unpaid amount of the costs for the time being—

(a) carries interest at the rate for the time being specified in section 17 of the Judgments Act 1838, and

(b) does not also carry interest as a judgment debt under that section.

(3) The total amount of interest imposed under sub-paragraph (2) must not exceed the amount of the costs.

(4) The OfS may recover from the governing body, as a civil debt due to it, the unpaid amount of the costs and any unpaid interest.

Retention of sums received

5 (1) The OfS must pay the sums received by it by way of a requirement to pay costs under section 73 to the Secretary of State except to the extent that the Secretary of State, with the consent of the Treasury, directs otherwise.

(2) The OfS must pay the sums received by it by way of interest under paragraph 4 to the Secretary of State.