Agriculture and Rural Communities (Scotland) Act 2024

12 Refusal or recovery of support where in the public interest

(1) The Scottish Ministers may (in accordance with any regulations made under subsection (2))—

(a) refuse to provide support if they consider that it is not in the public interest for a person to receive it, and

(b) in a case where the Scottish Ministers consider that it was not in the public interest to have provided support to a person, take such steps as they consider appropriate to recover it.

(2) The Scottish Ministers may by regulations make provision in connection with the exercise of their powers under subsection (1) including provision specifying—

(a) persons in respect of whom the powers may be exercised,

(b) circumstances in respect of which the powers may be exercised,

(c) matters that the Scottish Ministers must take into account when considering whether to exercise the powers,

(d) the manner and circumstances in which a person who has had support refused or recovered under subsection (1) may—

(i) have the Scottish Ministers review their decision to exercise the powers, or

(ii) appeal the decision.

(3) Before making regulations under this section, the Scottish Ministers must consult such persons as they consider likely to be affected by provisions in this section.

(4) Regulations under this section are subject to the negative procedure.