Other cases in which recovery etc. powers apply15

The Scottish Ministers may exercise the powers specified in regulation 16(1)(a), (b) and (c) where they are satisfied that–

a

there has been a material change in the nature, scale or timing of the activities or capital items in relation to which an undertaking has been made;

b

the activities or capital items in relation to which an undertaking has been made are delayed or are unlikely to be completed;

c

the applicant has intentionally obstructed an authorised person (or a person accompanying that person and acting under that person’s instructions) in the exercise of the powers under regulation 13 or failed to comply with a requirement imposed under regulation 13(3)(b) to (g);

d

sums paid are otherwise not due under these Regulations; or

e

the European Commission has decided that the aid paid, or to be paid, does not comply with Council Regulation 1698/2005, Commission Regulation 1974/2006 or Commission Regulation 1975/2006.