Powers of recovery etc.I110
1
The Welsh Ministers may exercise the powers specified in paragraph (2) where they are satisfied, as regards an approved operation, that—
a
any condition referred to in regulation 3 or 4 has not been complied with in whole or in part;
b
the application so approved under regulation 4 (or any part of it) was not an application (or part) which the beneficiary was eligible to make;
c
the beneficiary or an employee, servant or agent of the beneficiary has—
i
failed to comply with any requirement under regulation 6, regulation 8(1)(b), regulation 8(1)(d) or regulation 8(2);
ii
given information on any matter relevant to the giving of the approval which is false or misleading in a material respect;
d
the approved operation was commenced before the date on which the Welsh Ministers gave written permission to do so;
e
any undertakings given by the beneficiary under regulation 15 have not been complied with;
f
the beneficiary has failed to comply with regulation 9;
g
there is a material change in the nature, scale, costs or timing of the approved operation;
h
the approved operation has not been or is not being properly carried out;
i
the approved operation has been or is being unreasonably delayed or is unlikely to be completed;
j
the financial assistance duplicates or would duplicate assistance provided or to be provided out of monies made available by—
F1i
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
ii
the Welsh Ministers, or
iii
a body exercising public functions within the United Kingdom;
k
the beneficiary is in breach of any requirement to which they are subject under these Regulations or under the EU legislation; or
l
the approved operation is subject to penalties applicable under the EU legislation.
2
The powers conferred by paragraph (1) are to—
a
revoke the approval of the operation in whole or in part;
b
reduce or withhold any financial assistance in respect of the approved operation;
c
recover on demand the whole or any part of any financial assistance already paid to the beneficiary.
F23
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4
For the purposes of paragraph (1)(j), a sum duplicates financial assistance if it is, or would be, paid for any of the same purposes.