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The Fishery Products (Official Controls Charges) (Scotland) Regulations 2005

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Calculation, payment and repayment of charges

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7.—(1) Where a relevant food authority or the competent authority becomes aware that a charge is due to it under these Regulations it shall–

(a)calculate the amount of the charge having regard to the information in its possession;

(b)give notice of the amount so calculated to any person from whom it may be collected; and

(c)seek recovery of the amount so notified from that person.

(2) If such an authority is satisfied that a calculation made under paragraph (1) is incorrect, it shall recalculate the charge and notify the recalculated charge to any person from whom it may be collected.

(3) Where a recalculated charge is notified under paragraph (2) and–

(a)the recalculated charge is more than the amount notified under paragraph (1), the authority shall recover the recalculated charge;

(b)the recalculated charge is less than the amount notified under paragraph (1) and that amount has not been recovered, the authority shall recover the lesser amount; or

(c)the recalculated charge is less than the amount notified under paragraph (1) or no charge is payable and, in either case, the amount notified under paragraph (1) has been recovered, the authority shall repay the difference between the recalculated charge and the amount recovered.

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