The Rural Development Contracts (Rural Priorities) (Scotland) Regulations 2008

Breaches of undertakings etc.

15.—(1) Where–

(a) any information furnished to the Scottish Ministers by the applicant or beneficiary or on the applicant’s or beneficiary’s behalf, is false or misleading in a material respect;

(b) the beneficiary is in breach of any of the terms of an undertaking or any condition subject to which approval was given or payment of aid was made;

(c) the beneficiary is in breach of any requirement to which the beneficiary is subject under these Regulations or under Council Regulation 1698/2005, Commission Regulation 1974/2006 or Commission Regulation 1975/2006; or

(d) the whole or any part of any sum paid or payable under an undertaking duplicates assistance provided or to be provided out of monies made available by–

(i) the European Community; or

(ii) under any statutory provision,

the Scottish Ministers may exercise any of the powers specified in regulation 17.

(2) For the purposes of paragraph (1)(d), a sum duplicates such assistance if it is, or would be, paid for any of the same purposes.

(3) Where–

(a) there is a change of occupation under regulation 13 and the beneficiary has transferred all or part of the land to which an undertaking relates to another person (“the successor”);

(b) the successor has, within three months of the date of the transfer, given notice to the Scottish Ministers to assume the undertaking in place of the beneficiary; and

(c) the Scottish Ministers have accepted that undertaking,

the beneficiary shall be released from their undertaking with effect from the date of the acceptance by the Scottish Ministers of the successor’s undertaking other than in respect of any breach or other matter occurring before the date last mentioned.