Agriculture Act 1967

37 Recovery of grant and revocation of approval.

(1) If at any time after the approval of proposals under section 26, section 27 or section 30 of this Act, and whether before or after the proposals have been fully carried out, it appears to the appropriate Minister—

(a) that any condition imposed by the appropriate Minister in giving his approval has not been complied with, or

(b) in the case of proposals for the carrying out of work, that the work has been badly done, or has been or is being unreasonably delayed, or is unlikely to be completed, or

(c) that in connection with the submission of the proposals the person submitting them gave information on any matter which was false or misleading in a material respect,

the appropriate Minister may, on demand made after compliance with subsection (4) below, recover any grant or any part of a grant paid by him by reference to the proposals and revoke the approval in whole or in part.

(2) In the case of a grant under section 27 of this Act which is a lump sum payable by instalments or a grant by way of annuity the appropriate Minister may, in a case within paragraph (a) or paragraph (c) of subsection (1) above, after compliance with subsection (4) below direct that future instalments of the grant or annuity shall not be payable.

(3) If it appears to the appropriate Minister—

(a) that any condition imposed by him on the making of a grant under section 31 or section 32 of this Act has not been complied with, or

(b) that, in connection with his application for a grant under either of those sections, the person by whom the application was made gave information on any matter which was false or misleading in a material respect,

the appropriate Minister may, on demand made after compliance with subsection (4) below, recover the grant or any part thereof.

(4) Before making a demand, revoking an approval or giving a direction under the preceding provisions of this section the appropriate Minister—

(a) shall give to any person to whom any payment by way of grant would be payable by reference to the proposals, or from whom any such payment would be recoverable, a written notification of the reasons for the action proposed to be taken by the appropriate Minister, and

(b) shall accord to each such person an opportunity of appearing before and being heard by a person appointed for the purpose by the appropriate Minister, and

(c) shall consider the report by a person so appointed and supply a copy of the report to each person who is entitled to appear before the person submitting it.

(5) If it appears to the appropriate Minister that the circumstances specified in paragraph (a) or (b) of subsection (3) above obtain in the case of a grant under section 32 of this Act payable by instalments, he may direct that future instalments of the grant shall not be payable.

(6) Where a grant by reference to which a supplementary grant has been made under section 33 of this Act becomes recoverable in whole or in part, the supplementary grant shall also become recoverable on demand.