Higher Education and Research Act 2017

2 (1) Before imposing a monetary penalty on the provider under that section, the OfS must notify the provider of its intention to do so. E+W

(2) The notice must—

(a) specify the proposed amount of the penalty,

(b) specify the OfS's reasons for proposing to impose the penalty,

(c) specify the period during which the provider may make representations about the proposal (“the specified period”), and

(d) specify the way in which those representations may be made.

(3) The specified period must not be less than 28 days beginning with the date on which the notice is received.

(4) The OfS must have regard to any representations made by the provider during the specified period in deciding whether to impose a monetary penalty on it.

(5) Having decided whether or not to impose a monetary penalty, the OfS must notify the provider of its decision.

(6) Where the decision is to impose a monetary penalty, the notice must specify—

(a) the amount of the penalty, and

(b) the period within which the penalty must be paid or the periods within which different portions of the penalty must be paid.

(7) 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,

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

(e) the consequences of non-payment.

(8) The requirement to pay the penalty 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 penalty, or

(b) such an appeal is pending.

(9) But that does not prevent the requirement to pay taking effect if the provider notifies the OfS that it does not intend to appeal.

Commencement Information

I1 Sch. 3 para. 2 in force at 1.8.2019 by S.I. 2018/1226, reg. 4(m)