Notice of Costs Recovery
Published 22 April 2024
Applies to England
To: Beth Black, Responsible Officer, City & Guilds
In respect of the City and Guilds of London Institute
Notice
- In accordance with its powers under section 152A(1) of the Apprenticeships, Skills, Children and Learning Act 2009 (“the Actâ€), and pursuant to its obligations under section 152A(4) of the Act, the Office of Qualifications and Examinations Regulation (“Ofqualâ€) gives notice that having imposed a Monetary Penalty on The City and Guilds of London Institute (“City & Guildsâ€) it has decided to require City & Guilds to pay Ofqual’s costs in relation to imposing that penalty, in the sum of £5,000 (“the Costsâ€).
Background
2. Ofqual may require a recognised body (an awarding organisation) on which a sanction has been imposed to pay the costs incurred by Ofqual in relation to imposing the sanction.
3. City & Guilds is an awarding organisation regulated by Ofqual. On 18 April 2024, Ofqual imposed a sanction on City & Guilds as defined at Section 152A(2) of the Act, specifically a Monetary Penalty in the sum of £200,000.
Decision
4. The Ofqual Enforcement Committee has considered the costs incurred by Ofqual in relation to imposing a monetary penalty on City & Guilds, and has decided that City & Guilds should be required to pay the Costs.
Payment
5. City & Guilds must pay the Costs within 28 days of the date of this Notice, in accordance with the Payment Instructions provided with this Notice.
6. In the event of non-payment, interest may be charged and the outstanding amount may be recovered as a debt, in accordance with Section 152C of the Act.
Appeals
7. City & Guilds may appeal to the First Tier Tribunal in respect of Ofqual’s decision to require it to pay Ofqual’s costs and / or in respect of the amount of the Costs, in accordance with Section 152B of the Act.
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8. An appeal may be made on the grounds:
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a) That the decision was based on an error of fact;
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b) That the decision was wrong in law;
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c) That the decision was unreasonable.
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9. Any appeal must be made within 28 days of the date of this Notice. Further information is available from HM Courts and Tribunals Service at: /courts-tribunals/first-tier-tribunal-general-regulatory-chamber.
Signed: Hardip Begol
Name: Hardip Begol CBE
Chair of the Enforcement Committee
Date: 18 April 2024
Enforcement Committee: Hardip Begol CBE, Michael Hanton