The Nitrate Sensitive Areas Regulations 1994

Withholding and recovery of aid and termination

15.—(1) Where any person, with a view to obtaining the payment of aid under these Regulations to himself or any other person, makes any statement or furnishes any information which is false or misleading in a material respect, the Minister may withhold the whole or any part of any aid payable to that person or to such other person and may recover the whole or any part of any such aid already paid to that person or to such other person.

(2) Where any farmer whose application for aid under these Regulations has been accepted by the Minister—

(a) fails to comply with any of his undertakings;

(b) fails without reasonable excuse to permit entry, inspection or other activity he is required to permit by regulation 9; or

(c) fails without reasonable excuse to comply with any other requirement of these Regulations,

the Minister may withhold the whole or any part of any aid payable to that farmer under these Regulations and may recover the whole or any part of any such aid already paid to him.

(3) Where any new occupier who has given undertakings in accordance with regulation 13(1)(c) in respect of any land—

(a) fails to comply with any of his undertakings; or

(b) fails without reasonable excuse to permit entry, inspection or other activity he is required to permit by regulation 9,

the Minister may recover from the new occupier a sum of money not exceeding the whole of the amount of any aid already paid under these Regulations in respect of that land.

(4) Where the Minister withholds or recovers aid under any of paragraphs (1) to (3), she may give notice to the farmer or, in the case of paragraph (3), the new occupier, that she is treating as terminated, with effect from the date specified in the notice, the undertakings given by the farmer or, as the case may be, new occupier.

(5) Before withholding or recovering any aid under paragraph (2)(a) or (3)(a), the Minister shall—

(a) give to the farmer or, as the case may be, new occupier, a written explanation of the reasons for the proposed withholding or recovery of aid;

(b) afford the farmer or, as the case may be, new occupier, an opportunity of appearing before and being heard by a person appointed for that purpose by the Minister; and

(c) consider the report by the person so appointed and supply a copy of the report to the farmer or, as the case may be, new occupier.