The Farm Waste Grant (Nitrate Vulnerable Zones) (England and Wales) Scheme 1996

Withholding of grants

6.—(1) The appropriate Minister may withhold the whole or any part of a grant otherwise payable under this Scheme where—

(a) assistance in respect of expenditure towards which the grant is claimed has been obtained or is obtainable from another source;

(b) that Minister considers on reasonable grounds that the work in respect of which the grant is claimed would frustrate the purposes served by assistance previously given out of money provided by Parliament or the European Community;

(c) the claimant has in connection with his claim provided information which is false or misleading in a material particular;

(d) that Minister considers on reasonable grounds that the expenditure towards which the grant is being claimed is excessive, having regard to all the circumstances of the case; or

(e) that Minister considers on reasonable grounds that the carrying out of the work in respect of which the grant is to be made has already destroyed or damaged or as the case may be is likely to destroy or damage the natural beauty and amenity of the countryside to an extent which cannot be justified by any resulting agricultural benefit.

(2) Before acting under sub-paragraph (1) the appropriate Minister shall—

(a) give to the person to be affected by it written notification of the reasons for the proposed action and the date on which the action will be taken;

(b) give to him the opportunity of appearing before and being heard by a person appointed for the purpose by the appropriate Minister; and

(c) consider the report of a person so appointed and give a copy of it to the person mentioned in paragraph (a) of this sub-paragraph.