The Milk and Other Products (Pupils in Educational Establishments) (Scotland) Regulations 2017

Withholding or recovery

4.—(1) Where an applicant has received Union aid or National aid to which the applicant was not entitled, or where the applicant is in breach of any commitment given by the applicant as a condition of such Union aid or National aid, the Scottish Ministers may—

(a) withhold the whole or any part of such Union aid or National aid that they might otherwise have made; or

(b) recover on demand the whole or any part of any such Union aid or National aid already made by them.

(2) Before taking any action under paragraph (1) above, the Scottish Ministers shall—

(a) give to the applicant written notification of the action proposed to be taken (including the amount proposed to be withheld or recovered) with an explanation of the reasons for the action they propose to take;

(b) afford that applicant the opportunity of making written representations within such time as they consider reasonable; and

(c) consider any such representations made to them.

(3) In any case where an amount falls to be paid to the Scottish Ministers by virtue of (or by virtue of action taken under) these Regulations, the amount so falling to be paid shall be recoverable by them as a debt.