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Education Act 1997
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Changes over time for: Section 32AA
Version Superseded: 21/09/2015
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- 01/05/2012- Amendment
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Point in time - 21/09/2015- Amendment
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[F132AAPower of Welsh Ministers to impose monetary penaltiesE+W
(1)Subsection (2) applies if it appears to the Welsh Ministers that a recognised person has failed to comply with a condition subject to which the recognition has effect.
(2)The Welsh Ministers may impose a monetary penalty on the recognised person.
(3)Subsection (4) applies if it appears to the Welsh Ministers that a recognised person who awards or authenticates a qualification accredited by them has failed to comply with a condition subject to which the accreditation has effect.
(4)The Welsh Ministers may impose a monetary penalty on the recognised person.
(5)A “monetary penalty” is a requirement to pay to the Welsh Ministers a penalty of an amount determined by them in accordance with section 32AB.
(6)Before imposing a monetary penalty on a recognised person, the Welsh Ministers must give notice to the person of their intention to do so.
(7)The notice must—
(a)set out their reasons for proposing to impose the penalty, and
(b)specify the period during which, and the way in which, the recognised person may make representations about the proposal.
(8)The period specified under subsection (7)(b) must not be less than 28 days beginning with the date on which the notice is received.
(9)The Welsh Ministers must have regard to any representations made by the recognised person during the period specified in the notice in deciding whether to impose a monetary penalty on the person.
(10)If the Welsh Ministers decide to impose a monetary penalty on the person, they must give the person a notice containing information as to—
(a)the grounds for imposing the penalty,
(b)how payment may be made,
(c)the period within which payment is required to be made (which must not be less than 28 days),
(d)rights of appeal,
(e)the period within which an appeal may be made, and
(f)the consequences of non-payment.]
Textual Amendments
F1Ss. 32AA-32AD inserted (1.5.2012) by Education Act 2011 (c. 21), ss. 24(4), 82(3); S.I. 2012/924, art. 3
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