Agricultural, Fishery and Aquaculture Products (Improvement Grant) Regulations 1991

Revocation of approval and recovery of grant

8.—(1) If at any time after the appropriate Minister has approved anyexpenditure for the purposes of Community aid or for the purposes of agrant under these Regulations it appears to that Ministerthat—

(a) any condition subject to which the approval was given or the granthas been made or the Community aid has been paid has not been compliedwith;

(b) the operation in respect of which the expenditure was incurred hasnot been in fact carried out or has not been properly carried out;

(c) the operation has been or is being unreasonably delayed, or isunlikely to be completed;

(d) the operation was commenced more than six months before the date onwhich the Commission received the application for Community aid;

(e) the Commission has decided to reduce, suspend or discontinueCommunity aid and to recover any sums unduly paid; or

(f) the applicant—

(i) has failed to comply with a requirement imposed under regulation 5or 6(2)(b) above;

(ii) has intentionally obstructed any officer in the exercise of hispowers under regulation 6 above; or

(iii) has given information on any matter relevant to the giving of theapproval or the making of the payment which is false or misleading in amaterial particular

the appropriate Minister may revoke the approval in respect of the whole or part of the expenditure and, where any payment has been made byway of Community aid or of grant under these Regulations, may on demandrecover an amount equal to the whole or any part of the payment whichhas been so made.

(2) Before revoking an approval in whole or in part under paragraph (a),(b), (c), (d) or (f) of this regulation the appropriate Ministershall—

(a) give to the applicant a written notification of the reasons for theaction proposed to be taken by the appropriate Minister,

(b) afford that person an opportunity of appearing before and beingheard by a person appointed for the purpose by the appropriate Minister,and

(c) consider the report by a person so appointed and supply a copy ofthe report to the person mentioned in paragraph (a) above.