When a preliminary determination of the amount of the fine has been made, a notice will be served on the awarding organisation under section 151A(4) of the Act specifying the amount of the fine we intend to impose. It will set out the reasons for the fine and the way in which the awarding organisation and other interested parties may make representations to us. We will send the notice in writing. Where we send the notice by email, we will assume that the notice was received on the date the email was sent, unless there is evidence to the contrary. The notice will be published on our website.

The awarding organisation and other interested parties may make written representations to us within a period we will specify, which will not be less than 28 days. Following consideration of any representations, we will determine whether to withdraw, vary or confirm the fine.

If the fine is confirmed (including where the amount is varied), we will issue a notice under section 151A(8) of the Act. This will state the grounds for imposing the fine, how payment should be made and the consequences of non-payment. The notice will explain the awarding organisation‟s right of appeal and specify the period within which it must lodge any appeal. This will be 28 days from receipt of the notice unless we decide that exceptional circumstances mean that a longer period should be given. The notice will also state when payment is due, which will be within 28 days from receipt of the notice unless we decide that exceptional circumstances mean that a longer time for payment should be given or unless an appeal is made.

Under section 151C of the Act, the awarding organisation may appeal to the First Tier Tribunal. If an awarding organisation appeals to the Tribunal, the fine is suspended pending the appeal. The appeal may relate to the imposition of a fine, the amount of the fine, or both.

The Tribunal may withdraw, vary or confirm the fine. It may also impose a different or additional sanction (available to Ofqual) on the awarding organisation, or remit the decision on any matter relating to the fining decision back to us to consider.

If an organisation does not pay a fine it becomes liable for interest on the debt, as set out in section 151D of the Act, and we will recover the debt with interest through the courts if necessary and appropriate.