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The Milk and Milk Products (Pupils in Educational Establishments) (England) Regulations 2008

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Withholding or recovery of Community aid or national aid

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4.—(1) Paragraph (2) applies where the Secretary of State believes that an applicant—

(a)has received from the Secretary of State Community aid or national aid, payment to which the applicant was not entitled; or

(b)is in breach of any commitment given by the applicant as a condition of receiving Community aid or national aid.

(2) The Secretary of State may—

(a)withhold from the applicant the whole or any part of Community aid or national aid which the Secretary of State might otherwise have paid; or

(b)recover from the applicant on demand the whole or any part of Community aid or national aid already paid by the Secretary of State.

(3) Before taking any action under paragraph (2), the Secretary of State must—

(a)give the applicant in writing the reasons for the action the Secretary of State proposes to take;

(b)afford the applicant the opportunity to make written representations within such time as the Secretary of State considers reasonable; and

(c)consider any such representations.

(4) Any money due to the Secretary of State under or by virtue of these Regulations is recoverable as a debt.

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