The Sea Fish Industry (Coronavirus) (Fixed Costs) Scheme (Northern Ireland) 2020

Withholding and recovery

7.—(1) This paragraph applies where, having approved an application (either under Article 5 or following a successful review under Article 6), it appears to the Department that—

(a) the person who made the application was not an eligible person;

(b) any condition notified to the eligible person under Article 4(1) has not been complied with;

(c) the requirements of the Commission Communication have not been complied with;or

(d) the eligible person 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) Where this paragraph applies, subject to sub-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 5(1); or

(c) where any payment of grant has already been made under Article 5(1), recover on demand from the applicant an amount equal to the whole or any part of such payment.

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

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

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

(c) consider any such representations made.