Part 8Determination on breach and remedies

Action available to the Secretary of State following determination of a breachI124

1

Further to the determination made under regulation 23(2), the Secretary of State may take such of the following steps as the Secretary of State considers appropriate—

a

issue a warning letter to the agreement holder;

b

amend, remove or replace a condition subject to which financial assistance is given either temporarily or permanently;

c

amend, remove or replace any agreed standards or timescales either temporarily or permanently;

d

permit the agreement holder to rectify the breach;

e

reduce the amount of financial assistance awarded in whole or in part;

f

withhold the whole or any part of financial assistance payable under the financial assistance scheme to which the breach relates;

g

withhold the whole or any part of financial assistance payable under any financial assistance scheme to which the agreement holder is entitled;

h

recover on demand all or any part of financial assistance which has already been paid to the agreement holder;

i

terminate the agreement for financial assistance; and

j

prohibit the agreement holder from receiving financial assistance under any financial assistance scheme under section 1 of the 2020 Act, subject to regulation 29.

2

The Secretary of State may take more than one step in any particular case.