SCHEDULES
SCHEDULE 7Costs recovery: procedure, appeals and recovery etc
1Introduction
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.
2Procedure
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.
3Appeals
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.
4Interest and recovery
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.
5Retention of sums received
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.