Organic Farming (Conversion of Animal Housing) Scheme (Northern Ireland) 2003

Reduction or withholding of grant

10.—(1) The Department may reduce or withhold any grant payable under this Scheme in any case where –

(a) assistance in respect of expenditure towards which grant is claimed has been or may be given otherwise than under this Scheme, or

(b) the carrying out or provision of the work or facility towards the expenditure on which such grant is claimed appears to the Department to frustrate the purposes served by assistance previously given out of money provided by or under any statutory provision or by the European Community, or

(c) the Department considers that the expenditure towards which such grant is claimed is excessive having regard to the work or facility carried out or provided to which the claim relates, or

(d) the carrying out of the work or facility towards the expenditure on which such grant is claimed has been effected in a way which appears to the Department to have destroyed or damaged the natural beauty and amenity of the countryside to an extent which cannot be justified by any resulting agricultural benefit.

(2) Before reducing or withholding any grant under the provisions of paragraph (1), the Department shall –

(a) give to any person whose grant it is proposed to reduce or withhold a written notification of the reasons for the action proposed to be taken by the Department;

(b) afford that person an opportunity of appearing before and being heard by a person appointed for the purpose by the Department, and

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