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The Scottish Islands Agricultural Development Programme Regulations 1988

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Reduction or withholding of financial assistance

13.—(1) The Secretary of State may reduce or withhold any financial assistance under these Regulations in any case where—

(a)assistance in respect of expenditure towards which such financial assistance is claimed has been or may be given otherwise than under these Regulations; or

(b)the carrying out or provision of the development measure towards the expenditure on which such financial assistance is claimed appears to the Secretary of State to frustrate the purposes served by assistance previously given out of money provided by Parliament or the European Economic Community; or

(c)he considers that the expenditure towards which such financial assistance is claimed is excessive, having regard to the development measure carried out or provided and to which the claim relates; or

(d)the carrying out of the development measure towards the expenditure on which such financial assistance is claimed has been effected in a way which appears to the Secretary of State 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; or

(e)he considers that in the circumstances current at the time of the application other applications are to be preferred.

(2) Before reducing or withholding any financial assistance under the provisions of this regulation, the Secretary of State shall 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 Secretary of State.

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