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The School Milk (Wales) Regulations 2017
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- Wales Statutory Instruments
- 2017 No. 724 (W. 174)
- Regulation 5
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[F1Withholding and recovery of aid]E+W
5.—[F2(A1) In this regulation—
(a)“aid” includes—
(i)any aid granted before IP completion day pursuant to Article 23(1) of the Council Regulation as it applied before that day; and
(ii)any aid granted by the Welsh Ministers before IP completion day under regulation 3 of these regulations as it had effect before that day, and
(b)“applicant” is to be construed accordingly.]
(1) Where an applicant has received [F3aid] to which the applicant was not entitled, or where the applicant is in breach of any commitment given by the applicant as a condition of such [F4aid], the Welsh Ministers may—.
(a)withhold the whole or any part of such [F3aid] that they might otherwise have made; or
(b)recover on demand the whole or any part of any such [F3aid] already made by them.
(2) Before taking action under paragraph (1), the Welsh Ministers must—
(a)give the applicant written reasons for the action the Welsh Ministers propose to take;
(b)afford the applicant the opportunity to make written representations within such time as the Welsh Ministers considers reasonable; and
(c)consider any such representations.
(3) Any money due to the Welsh Ministers under or by virtue of these Regulations is recoverable as a debt.
Textual Amendments
F1Reg. 5 heading substituted (31.12.2020) by The Food (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2019 (S.I. 2019/732), regs. 1(2), 8(5)(c); 2020 c. 1, Sch. 5 para. 1(1)
F2Reg. 5(A1) inserted (31.12.2020) by The Food (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2019 (S.I. 2019/732), regs. 1(2), 8(5)(a)(as amended by The Food and Rural Affairs (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2020 (S.I. 2020/1308), regs. 1(2), 3(5)); 2020 c. 1, Sch. 5 para. 1(1)
F3Word in reg. 5(1) substituted (31.12.2020) by The Food (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2019 (S.I. 2019/732), regs. 1(2), 8(5)(b)(i); 2020 c. 1, Sch. 5 para. 1(1)
F4Word in reg. 5(1) substituted (31.12.2020) by The Food (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2019 (S.I. 2019/732), regs. 1(2), 8(5)(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)
Commencement Information
I1Reg. 5 in force at 1.8.2017, see reg. 1(1)
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