|Made||18th November 2004|
|Coming into operation||10th December 2004|
After regulation 13 there shall be inserted the following regulations -
- (1) The Department may serve a notice ("an Information Notice") on a borrower at his home address.
(2) An Information Notice under paragraph (1) requires the borrower to provide some or all of the following, together with documentary evidence in support where relevant -
(3) An Information Notice under paragraph (1) must set out the provisions contained in regulation 13C.
(4) Where the Department has served an Information Notice on a borrower under paragraph (1), the borrower must comply with it within a period of 28 days beginning with the day on which the Information Notice was served.
13C. - (1) Where a borrower has failed to comply with regulation 13A, the Department may require the borrower to pay a penalty of £50.
(2) Where a borrower has failed to comply with regulation 13B(4), the Department may require the borrower to pay a penalty of £50.
(3) Where a borrower has been liable to a penalty under paragraph (2) in respect of an Information Notice and has not paid it, upon expiry of the time limit for payment the Department may require the borrower to pay one additional penalty of £100 in respect of that Information Notice.
(4) The Department must notify the borrower of a penalty imposed under paragraph (1), (2) or (3) by serving a notice ("a Penalty Notice") on the borrower at his home address.
(5) Notwithstanding the provisions of regulation 11(3) and (4), a penalty imposed under paragraph (1), (2) or (3) is payable within a period of 28 days beginning with the day on which the Penalty Notice was served and may be added to the borrower's loan account.
13D. Where the Department incurs reasonable costs or expenses in taking steps to -
it may require the reimbursement of those costs or expenses by the borrower and may add them to the borrower's loan account.
13E. Where the Department considers that having regard to all the circumstances of a particular case a time limit in regulation 13B(4) or regulation 13C(5) should be relaxed, it may specify another time limit.".
In the following regulations, for "£10,000" there shall be substituted "£15,000" -
In regulation 15(4) and (5) for the words "paragraph (1)" there shall be substituted "paragraph (3)".
Sealed with the Official Seal of the Department for Employment and Learning on
18th November 2004.
A senior officer of the Department for Employment and Learning
 S.R. 1999 No. 481, Article 5(b) and Schedule 3 Part II transferred functions from the Department of Education to the Department of Higher and Further Education, Training and Employment which is now renamed the Department for Employment and Learningback