- Latest available (Revised)
- Original (As made)
The Moorland (Livestock Extensification) Regulations 1995
You are here:
- UK Statutory Instruments
- 1995 No. 904
- Regulation 10
What Version
More Resources
Status:
This is the original version (as it was originally made). This item of legislation is currently only available in its original format.
Withholding and recovery of aid and termination
10.—(1) Where any person, with a view to obtaining the payment of aid under these Regulations to himself or any other person, makes any statement or furnishes any information which is false or misleading in a material respect, the Minister may withhold the whole or any part of any aid payable to that person or to such other person, and may recover the whole or any part of any aid already paid to that person or to such other person.
(2) Where a beneficiary—
(a)fails to comply with any of the extensification obligations; or
(b)fails without reasonable excuse to permit entry or inspection by an authorised person or to render all reasonable assistance to such authorised person as required by regulation 9;
the Minister may withhold the whole or any part of any aid payable to that beneficiary, and may recover the whole or any part of any aid already paid to him.
(3) In addition to withholding or recovering aid under paragraph (1) or (2), the Minister may treat as terminated the undertakings given by the beneficiary under these Regulations.
(4) The Minister may treat the undertakings given by any beneficiary as terminated where the beneficiary receives or is entitled to receive any assistance out of moneys provided by Parliament or the European Community and the Minister is satisified that such assistance would duplicate the payment of aid under these Regulations.
(5) Nothing in paragraph (4) entitles the Minister to withhold any aid payable or to recover any aid already paid in respect of a period before the Minister acted under that paragraph.
(6) Before withholding or recovering any aid under paragraph (2)(a) or treating an undertaking as terminated under paragraph (4), the Minister shall—
(a)give to the beneficiary a written explanation of the reasons for the proposed withholding or recovery of aid;
(b)afford the beneficiary an opportunity of appearing before and being heard by a person appointed for that purpose by the Minister; and
(c)consider the report by the person so appointed and supply a copy of the report to the beneficiary.
Options/Help
Print Options
PrintThe Whole Instrument
PrintThis Section only
Legislation is available in different versions:
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.
Opening Options
Different options to open legislation in order to view more content on screen at once
More Resources
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
- the original print PDF of the as enacted version that was used for the print copy
- lists of changes made by and/or affecting this legislation item
- confers power and blanket amendment details
- all formats of all associated documents
- correction slips
- links to related legislation and further information resources
All content is available under the Open Government Licence v3.0 except where otherwise stated. This site additionally contains content derived from EUR-Lex, reused under the terms of the Commission Decision 2011/833/EU on the reuse of documents from the EU institutions. For more information see the EUR-Lex public statement on re-use.