The Rural Development Grants (Agriculture) (Wales) Regulations 1996

Recovery of grant

11.—(1) Where the Secretary of State is satisfied, as regards an approved operation, that—

(a) any condition referred to in regulation 5 or 6 has not been satisfied;

(b) any information provided pursuant to regulations 4, 7, 8 or 9(3)(a) is false or misleading in a material respect;

(c) the beneficiary has failed, within the required period, to supply any information requested by the Secretary of State pursuant to regulation 8;

(d) the beneficiary has failed to comply with the requirements of regulation 9(4) or regulation 10;

(e) there is a material change in the nature, scale, costs or timing of the operation;

(f) the operation has not been or is not being properly carried out; or

(g) the operation has been or is being unreasonably delayed or is unlikely to be completed;

the Secretary of State may revoke the approval of that operation and, where any payment of financial assistance has been made, may recover on demand an amount equal to the whole or any part of such payment.

(2) Where the Commission has decided, pursuant to Article 24.3 of the Council Regulation, to reduce or suspend assistance, the Secretary of State may exercise the powers of revocation and recovery referred to in paragraph (1).

(3) Where the Secretary of State decides, pursuant to this regulation, to recover any amount then the Secretary of State may also recover, on demand, interest on that amount at the rate of 1 percentage point above LIBOR for the period from the day on which the financial assistance was granted until the day on which the Secretary of State recovers the amount.