- Latest available (Revised)
- Original (As made)
There are currently no known outstanding effects for the The Fishing Vessels (Decommissioning) (Scotland) Scheme 2001, Section 16.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
16.—(1) If at any time after the Ministers have approved an application in respect of any vessel it appears to them that–
(a)any of the relevant conditions, or any undertakings provided in relation to that vessel under paragraph 13, have been breached or have not been complied with; or
(b)without prejudice to the generality of paragraph (a), that any of the circumstances specified in sub-paragraph (2) exist or have occurred,
they may revoke the approval of such application or withhold the grant or any part of the grant in respect of the application and, where any payment by way of grant has been made, may recover on demand as a debt an amount equal to the whole or any part of the payment which has been so made.
(2) For the purposes of sub-paragraph (1)(b), the circumstances are–
(a)the application or any part of it was not an application which the applicant was entitled under paragraph 3 to make;
(b)the applicant or an employee, servant or agent of an applicant–
(i)has failed to comply with any requirement imposed under paragraph 8, 9, 10 or 14;
(ii)has intentionally obstructed any officer in the exercise of the powers of the officer under paragraph 15; or
(iii)has given information on any matter relevant to the giving of the approval or the making of a payment relevant to the approval which is false or misleading in a material respect; or
(c)there has been damage or destruction of the vessel resulting in the payment to any person of any amount under a policy of insurance or by way of compensation or damages (regardless of whether or not the method of decommissioning the vessel had been approved under paragraph 8(2) before such damage or destruction occurred).
(3) Before revoking an approval or reducing or withholding any grant or making a demand by virtue of paragraph (1), the Ministers shall–
(a)give the applicant a written explanation of the reasons for the step proposed to be taken;
(b)afford the applicant the opportunity of making written representations within such time as the Ministers consider reasonable; and
(c)consider any such representations.
Commencement Information
I1Para. 16 in force at 29.6.2001, see para. 1(1)
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: