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Change 1
As published
73 Costs recovery
(1) The OfS may, by notice, require the governing body of a provider a registered higher education provider, or a students’ union, in relation to which a sanction has been imposed to pay the costs incurred by the OfS in relation to imposing the sanction up to the date of notification.
(1A) The OfS may, by notice, require the governing body of a registered higher education provider or of a constituent institution of such a provider, or a students’ union, in relation to which the OfS has decided under provision made by virtue of paragraph 6 of Schedule 6A that a free speech complaint is justified (wholly or partly), to pay the costs incurred by the OfS in relation to making the decision up to the date of notification.
(2) The references in subsection (1) to imposing a sanction are to—
(a) imposing a monetary penalty under section 15;
(b) suspending a provider's registration under section 16;
(c) removing a provider from the register under section 18.
(3) “Costs” includes, in particular, investigation costs, administration costs and costs of obtaining expert advice (including legal advice).
(4) In subsection (1), “the date of notification” means the date on which the OfS notified the provider of its decision—
(a) in the case of a monetary penalty, under paragraph 2(5) of Schedule 3;
(b) in the case of suspension, under section 17(5);
(c) in the case of removal, under section 19(5).
(4A) In subsection (1A), “the date of notification” means the date on which the OfS notified the provider, constituent institution or students’ union of its decision under provision made by virtue of paragraph 8 of Schedule 6A.
(5) Schedule 7 contains provision about—
(a) the procedure for imposing a requirement to pay costs,
(b) rights of appeal,
(c) the recovery of the amount required to be paid and interest, and
(d) the retention of sums received.
Your change, as a redline
73 Costs recovery
(1) The OfS may, by notice, require the governing body of a provider a registered higher education provider, or a students’ union, in relation to which a sanction has been imposed to pay the costs incurred by the OfS in relation to imposing the sanction up to the date of notification.
(1A) The OfS may, by notice, require the governing body of a registered higher education provider or of a constituent institution of such a provider, or a students’ union, in relation to which the OfS has decided under provision made by virtue of paragraph 6 of Schedule 6A that a free speech complaint is justified (wholly or partly), to pay the costs incurred by the OfS in relation to making the decision up to the date of notification.
(2) The references in subsection (1) to imposing a sanction are to—
(a) imposing a monetary penalty under section 15;
(b) suspending a provider's registration under section 16;
(c) removing a provider from the register under section 18.
(3) “Costs” includes, in particular, investigation costs, administration costs and costs of obtaining expert advice (including legal advice).
(4) In subsection (1), “the date of notification” means the date on which the OfS notified the provider of its decision—
(a) in the case of a monetary penalty, under paragraph 2(5) of Schedule 3;
(b) in the case of suspension, under section 17(5);
(c) in the case of removal, under section 19(5).
(4A) In subsection (1A), “the date of notification” means the date on which the OfS notified the provider, constituent institution or students’ union of its decision under provision made by virtue of paragraph 8 of Schedule 6A.
(5) Schedule 7 contains provision about—
(a) the procedure for imposing a requirement to pay costs,
(b) rights of appeal,
(c) the recovery of the amount required to be paid and interest, and
(d) the retention of sums received.
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