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Part IVGeneral

Withholding and recovery of premium

12.—(1) Where at any time during a scheme year an applicant fails to—

(a)comply with the requirements of regulation 9(1);

(b)comply with the requirements of Article 7(4) of Regulation 1760/2000, the Cattle Identification (Enforcement) Regulations (Northern Ireland) 1998, or the Cattle Identification (No. 2) Regulations (Northern Ireland) 1998(1); or

(c)in the reasonable opinion of the Department, keep any specified record in a form which is accurate and up to date,

the Department may withhold or recover on demand the whole or any part of any beef special premium payable or, as the case may be, paid to the applicant in respect of that scheme year.

(2) Where an applicant intentionally obstructs an authorised person, or a person accompanying such authorised person and acting under his instructions, from exercising a power conferred by regulation 10, or fails without reasonable excuse to comply with a request made by an authorised person when exercising such a power, the Department shall be entitled to recover on demand from that applicant the whole or any part of any beef special premium paid to him.

(3) Where a person (other than an applicant) intentionally obstructs an authorised person, or a person accompanying such authorised person and acting under his instructions, from exercising a power conferred by regulation 10, or fails, without reasonable excuse, to comply with a request made by an authorised person for the purpose of exercising such a power, the Department shall be entitled where such person was at the time of such obstruction or failure an employee, servant or agent of an applicant, to recover on demand from that applicant the whole or any part of any beef special premium paid to that applicant.