The Heather Moorland (Livestock Extensification) (Scotland) Amendment Regulations 1996

Amendment of the principal Regulations

8.  After regulation 13 of the principal Regulations there shall be inserted–

“Recovery of Interest

13A.— (1) Where a beneficiary is by virtue of Article 20(1) of the Commission Regulation required to reimburse the amount of a wrongful payment with interest for the period between payment and the reimbursement, the rate of interest shall be one percentage point above LIBOR in force during that period.

(2) In any proceedings for recovery of interest calculated at the rate provided in paragraph (1), a certificate of the Secretary of State stating such rate applicable during a period specified in the certificate shall be conclusive evidence of that rate if the certificate also states that the Bank of England notified the Secretary of State of that rate.

Recovery of payments

13B.   Where an amount falls to be paid to the Secretary of State by virtue of (or by virtue of an action taken under) these Regulations or the Commission Regulation, such amount shall be recoverable as a debt.

Transformation of undertakings

13C.   Where by virtue of Article 13 (transformation of undertakings) of the Commission Regulation the Secretary of State authorises a transfer whereby a beneficiary under these regulations substitutes for the undertaking under these regulations another undertaking, the rights and obligations of the beneficiary in relation to the undertaking under these regulations shall, without prejudice to such rights and obligations as arose prior to the date of substitution, cease from that date.”.