The Rural Development (Scotland) Regulations 2015

Breaches of conditions of grant/undertakings etc. S

16.—(1) An appropriate body may determine, in relation to an approval or, as the case may be, claim for payment that—

(a) the beneficiary has furnished false or misleading information to that body;

(b) the beneficiary is in breach of the terms of an undertaking or any condition subject to which approval was given;

(c) the beneficiary is in breach of any requirement to which that beneficiary is subject under—

(i) Regulation 1698/2005;

(ii) Regulation 1974/2006;

(iii) Regulation 65/2011;

(iv) the applicable Regulations;

(v) the EU Regulations; or

(vi) these Regulations;

(d) the whole or any part of the sum paid or payable in relation to an approval duplicates assistance provided or to be provided out of monies made available by the European Union [F1 or under any enactment, including an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament];

(e) there has been a material change in the nature, scale, costs or timing of the project in relation to which an application was approved; or

(f) the project in relation to which an application was approved has been, or is being, delayed or is unlikely to be completed.

(2) Before an appropriate body makes a determination under paragraph (1), it must give the beneficiary—

(a) a written explanation of the reasons for proposing to make the determination; and

(b) the opportunity of making written representations within such period as that body considers reasonable.

(3) If, on the expiry of the period referred to in paragraph (2)(b), an appropriate body has not received any written representations, it may make the determination as proposed.

(4) If an appropriate body has received written representations within the period referred to in paragraph (2)(b), it must consider any such representations in deciding whether to make the determination as proposed.

(5) In paragraph (1)(c)—

“Regulation 1974/2006” means Commission Regulation (EC) No 1974/2006 laying down detailed rules for the application of Council Regulation (EC) No 1698/2005 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD)(1); and

“Regulation 65/2011” means Commission Regulation (EU) No 65/2011 laying down detailed rules for the implementation of Council Regulation (EC) No 1698/2005, as regards the implementation of control procedures as well as cross-compliance in respect of rural development support measures(2).

Textual Amendments

F1 Words in reg. 16(1)(d) inserted (31.12.2020) by The Common Agricultural Policy (EU Exit) (Scotland) (Amendment) (No. 2) Regulations 2019 (S.S.I. 2019/209), regs. 1(1)(b), 4(2); 2020 c. 1, Sch. 5 para. 1(1)

Commencement Information

I1 Reg. 16 in force at 12.6.2015, see reg. 1(1)

(1)

OJ L 368, 23.12.2006, p.15, as last amended by Commission Implementing Regulation (EU) No 335/2013 (OJ L 105, 13.4.2013, p.1). Regulation 1974/2006 was repealed subject to savings by Article 19 of the Rural Development Delegated Regulation.

(2)

OJ L 25, 28.1.2011, p.8, as last amended by Commission Implementing Regulation (EU) No 937/2012 (OJ L 280, 13.10.2012, p.1). Regulation 65/2011 was repealed subject to savings by Article 43 of the Horizontal Delegated Regulation.