The Apple Orchard Grubbing Up Regulations 1991

Recovery of premiums

9.—(1) Where any person for the purpose of obtaining the payment of a premium to himself or any other person—

(a) makes any statement which is false or misleading in a material respect; or

(b) furnishes to the appropriate Minister any inaccurate information,

the appropriate Minister may recover the whole or any part of the premium paid to him or to such other person.

(2) Where an applicant—

(a) intentionally obstructs an authorised officer in the exercise of the powers conferred upon him by regulation 5(1) or 6, or a person accompanying him and acting under his instructions; or

(b) fails without reasonable excuse to comply with a requirement under regulation 6,

the appropriate Minister may recover the whole or any part of the premium paid to him.

(3) Where an occupier—

(a) intentionally obstructs an authorised office in the exercise of the powers conferred upon him by regulation 5(1) or 6, or a person accompanying him and acting under his instructions; or

(b) fails without reasonable excuse to comply with a requirement under regulation 6,

he shall be liable to pay to the appropriate Minister on demand an amount equal to the whole or any part of the premium paid in relation to the apple orchard on the holding concerned.

(4) Where during the restriction period—

(a) an applicant plants an apple tree or has an apple tree planted on his holding; or

(b) an occupier plants an apple tree or has an apple tree planted on the former orchard on the applicant’s holding,

the appropriate Minister may recover from the applicant the premium paid to him and may in addition require from the applicant payment of interest on the sum recovered for the period commencing on the date of payment of the premium and expiring on the date of recovery at a rate of one percentage point above the sterling three month London interbank offered rate for the time being in force during that period.