Regulation 9 Notification of feesI1

England and Wales

(1)

Where a fee is payable by an institution under these Regulations, the OfS must notify the institution.

(2)

The notice must—

(a)

specify the amount of the fee and the basis on which the OfS has determined that amount (including the number of full time equivalent students for that institution by reference to which the OfS has made its determination);

(b)

specify—

(i)

the period within which the fee is required to be paid in full as a lump sum (“the payment period”); or

(ii)

in a case where payment by instalments has been approved by the OfS, the amount of each instalment and the period within which each instalment is required to be paid;

(c)

contain information as to the consequences if the full fee, or an instalment (as the case may be), is not paid by the time by when it is required to be paid;

(d)

specify the period during which the institution may make representations (“the representations period”); and

(e)

specify the way in which those representations may be made.

(3)

The payment period or, in a case where payment by instalments has been approved by the OfS, the period within which the first instalment is required to be paid, must not be less than 30 days beginning with the date on which the notice is received.

(4)

The representations period must not be less than 14 days beginning with the date on which the notice is received.

(5)

Where an institution makes representations within the representations period, the OfS—

(a)

must have regard to the representations; and

(b)

must, within a reasonable time, by notifying the institution—

(i)

confirm the notice given under paragraph (1);

(ii)

vary that notice; or

(iii)

withdraw that notice.

(6)

The requirement to pay a fee is suspended at any time when an institution has made representations within the representations period and the OfS has not yet notified the institution of its decision under paragraph (5)(b).

(7)

Where the decision is to confirm or vary the notice—

(a)

the OfS must ensure that the payment period or, in a case where payment by instalments has been approved, the period within which the first instalment is required to be paid, is not less than 14 days beginning with the date on which notice of that decision is received; and

(b)

the OfS need not allow any further representations period.

(8)

Where the OfS considers that an institution is exempt from liability to pay a fee under these Regulations by virtue of regulation 4, the OfS must notify the institution to that effect within a reasonable time.

Annotations

Commencement

I1: Reg. 9 in force at 6.4.2019, see reg. 1(1)