The Fishing Boats (Satellite-Tracking Devices) Scheme (Northern Ireland) 2013

Withholding and recovery of grant

8.—(1) This Article applies where, having approved an application in respect of a fishing boat (either under Article 5 or following a successful review under Article 6), it appears to the Department that—

(a) the applicant was not eligible to make the application;

(b) any relevant condition has been breached or has not been complied with; or

(c) the applicant knowingly or recklessly provided materially false or misleading information or any document which is false in a material particular in relation to the application.

(2) Subject to paragraph (3), the Department may –

(a) revoke the approval of an application;

(b) withhold the payment of any grant, or any part of it, to be made under Article 7(1); or

(c) where any payment of grant has already been made under Article 7(1), recover on demand from the applicant an amount equal to the whole or any part of such payment irrespective of whether the payment was made to the applicant or to the authorised provider.

(3) Before exercising the power under paragraph (2) the Department shall—

(a) give the applicant a written explanation of the reasons for the proposed action;

(b) afford the applicant the opportunity to make written representations within a reasonable time specified by the Department; and

(c) consider any such representations made.