SCHEDULES
SCHEDULE 3Monetary penalties: procedure, appeals and recovery etc
Procedure
I12
1
Before imposing a monetary penalty on the provider under that section, the OfS must notify the provider of its intention to do so.
2
The notice must—
a
specify the proposed amount of the penalty,
b
specify the OfS's reasons for proposing to impose the penalty,
c
specify the period during which the provider may make representations about the proposal (“the specified period”), and
d
specify the way in which those representations may be made.
3
The specified period must not be less than 28 days beginning with the date on which the notice is received.
4
The OfS must have regard to any representations made by the provider during the specified period in deciding whether to impose a monetary penalty on it.
5
Having decided whether or not to impose a monetary penalty, the OfS must notify the provider of its decision.
6
Where the decision is to impose a monetary penalty, the notice must specify—
a
the amount of the penalty, and
b
the period within which the penalty must be paid or the periods within which different portions of the penalty must be paid.
7
The notice must also contain information as to—
a
the grounds for imposing the penalty,
b
how payment may be made,
c
rights of appeal,
d
the period within which an appeal may be made, and
e
the consequences of non-payment.
8
The requirement to pay the penalty 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 penalty, or
b
such an appeal is pending.
9
But that does not prevent the requirement to pay taking effect if the provider notifies the OfS that it does not intend to appeal.