Withholding and recovery10.

(1)

This article applies where, having approved an application (either under article 7 or following a successful review under article 9), it appears to the Department that—

(a)

the applicant was not an eligible person;

(b)

any condition specified in the notice published under article 6(1) has not been complied with;

(c)

any condition set out in the Commission Communication or the Commission Decision has not been complied with;

(d)

the applicant knowingly or recklessly provided materially false or misleading information or any document which is false in a material particular in relation to the application.

(2)

Subject to sub-paragraph (3), the Department may—

(a)

revoke the approval of an application;

(b)

withhold the payment of any grant, or any part of it, to be made under article 7(1); or

(c)

where any payment of grant has already been made under article 7(1), recover on demand from the applicant an amount equal to the whole or any part of such payment.

(3)

Before exercising the power under paragraph (2) the Department must—

(a)

give the applicant a written explanation of the reasons for the proposed action;

(b)

afford the applicant the opportunity to make written representations within a reasonable time specified by the Department; and

(c)

consider any such representations made.