The Sea Fish Industry (Harbour, Landing and Light Dues) Scheme (Northern Ireland) 2009

Witholding and recovery

9.—(1) If it appears to the Department that any relevant person has in respect of a fishing boat—

(a) not complied with any of the conditions imposed on him under Article 5(2);

(b) (i) knowingly furnished information or produced a document in purported compliance with any provision of this Scheme which is false in a material particular, or

(ii) recklessly furnished information or produced a document in purported compliance with any provision of this Scheme which is false in material particular, or

(c) has failed, or his employee or agent has failed, to comply with Article 7,

the Department may withhold any grant otherwise payable under this Scheme in relation to that boat or, where such grant has already been paid, may recover on demand from him or any other relevant person an amount equal to the whole or any part of any such payment.

(2) Before exercising its powers under paragraph (1) in relation to any relevant person the Department shall—

(a) give the relevant person a written explanation of the reasons for the action proposed to be taken;

(b) afford the person the opportunity to make written representations within a reasonable time specified by the Department; and

(c) consider the representations and notify the result to the applicant.