Part 7The Office of Qualifications and Examinations Regulation

Chapter 2Functions in relation to qualifications

Recognised bodies: monitoring and enforcement

F1151DMonetary penalties: interest and recovery

(1)

This section applies if all or part of a monetary penalty imposed on a recognised body is unpaid at the end of the period ending on the applicable date.

(2)

The applicable date is—

(a)

the last date on which the recognised body may make an appeal under section 151C in respect of the penalty, if no such appeal is made;

(b)

if an appeal under section 151C in respect of the penalty is made—

(i)

the date on which the appeal is determined, or

(ii)

if the appeal is withdrawn before being determined, the date on which the appeal is withdrawn.

(3)

The unpaid amount of the penalty for the time being carries interest at the rate for the time being specified in section 17 of the Judgments Act 1838 (and does not also carry interest as a judgment debt under that section).

(4)

The total amount of interest imposed under subsection (3) must not exceed the amount of the penalty.

(5)

Ofqual may recover from the body, as a civil debt due to it, the unpaid amount of the penalty and any unpaid interest.