- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Pwynt Penodol mewn Amser (01/01/2018)
- Gwreiddiol (Fel y'i Deddfwyd)
No versions valid at: 01/01/2018
Point in time view as at 01/01/2018. This version of this schedule contains provisions that are not valid for this point in time.
Higher Education and Research Act 2017, SCHEDULE 7 is up to date with all changes known to be in force on or before 27 July 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
Yn ddilys o 01/08/2019
Section 73
1E+WThis 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.
2(1)The notice which the OfS gives the governing body under section 73(1) must specify—E+W
(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.
3(1)The governing body of a provider may appeal to the First-tier Tribunal against—E+W
(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.
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.E+W
(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.
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.E+W
(2)The OfS must pay the sums received by it by way of interest under paragraph 4 to the Secretary of State.
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
Y Ddeddf Gyfan you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Y Diweddaraf sydd Ar Gael (diwygiedig):Y fersiwn ddiweddaraf sydd ar gael o’r ddeddfwriaeth yn cynnwys newidiadau a wnaed gan ddeddfwriaeth ddilynol ac wedi eu gweithredu gan ein tîm golygyddol. Gellir gweld y newidiadau nad ydym wedi eu gweithredu i’r testun eto yn yr ardal ‘Newidiadau i Ddeddfwriaeth’.
Gwreiddiol (Fel y’i Deddfwyd neu y’i Gwnaed): Mae'r wreiddiol fersiwn y ddeddfwriaeth fel ag yr oedd pan gafodd ei deddfu neu eu gwneud. Ni wnaed unrhyw newidiadau i’r testun.
Pwynt Penodol mewn Amser: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Rhychwant ddaearyddol: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Dangos Llinell Amser Newidiadau: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Testun a grëwyd gan yr adran o’r llywodraeth oedd yn gyfrifol am destun y Ddeddf i esbonio beth mae’r Ddeddf yn ceisio ei wneud ac i wneud y Ddeddf yn hygyrch i ddarllenwyr nad oes ganddynt gymhwyster cyfreithiol. Cyflwynwyd Nodiadau Esboniadol ym 1999 ac maent yn cyd-fynd â phob Deddf Gyhoeddus ac eithrio Deddfau Adfeddiannu, Cronfa Gyfunol, Cyllid a Chyfnerthiad.
Gallwch wneud defnydd o ddogfennau atodol hanfodol a gwybodaeth ar gyfer yr eitem ddeddfwriaeth o’r tab hwn. Yn ddibynnol ar yr eitem ddeddfwriaeth sydd i’w gweld, gallai hyn gynnwys:
Impact Assessments generally accompany all UK Government interventions of a regulatory nature that affect the private sector, civil society organisations and public services. They apply regardless of whether the regulation originates from a domestic or international source and can accompany primary (Acts etc) and secondary legislation (SIs). An Impact Assessment allows those with an interest in the policy area to understand:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Defnyddiwch y ddewislen hon i agor dogfennau hanfodol sy’n cyd-fynd â’r ddeddfwriaeth a gwybodaeth am yr eitem hon o ddeddfwriaeth. Gan ddibynnu ar yr eitem o ddeddfwriaeth sy’n cael ei gweld gall hyn gynnwys:
liciwch ‘Gweld Mwy’ neu ddewis ‘Rhagor o Adnoddau’ am wybodaeth ychwanegol gan gynnwys