PART 7ENFORCEMENT POWERS OF QUALIFICATIONS WALES

41Costs recovery for imposition of sanctions

1

Qualifications Wales may, by notice, require an awarding body on which a sanction has been imposed to pay the costs incurred by Qualifications Wales in connection with imposing the sanction.

2

The references in subsection (1) to imposing a sanction are to—

a

giving a direction under section 37;

b

imposing a monetary penalty under section 38;

c

withdrawing recognition under paragraph 19 of Schedule 3.

3

“Costs” includes, among other things—

a

investigation costs;

b

administration costs;

c

costs of obtaining expert advice (including legal advice).

4

A notice given to an awarding body under subsection (1) must—

a

specify the amount required to be paid,

b

specify the period within which payment must be made, and

c

contain a detailed breakdown of the amount specified.

5

The period specified under subsection (4)(b) must be a period of at least 28 days beginning with the date on which the notice is sent.

6

The notice must also contain information as to—

a

how payment may be made,

b

rights of appeal under section 42, and

c

the consequences of non-payment.