The Rural Development (Enforcement) (England) Regulations 2007

Breaches of commitments etc

8.—(1) The Secretary of State or a delivery body may determine, in relation to commitments made to him or it, that—

(a) the beneficiary has furnished false or misleading information to him or it;

(b) the beneficiary is in breach of any of the terms of a commitment;

(c) the beneficiary is in breach of any requirement to which he is subject under Article 14(2) of Council Regulation 1257/1999, Council Regulation 1698/2005, Commission Regulation 1974/2006 or 1975/2006, or these Regulations;

(d) the whole or any part of the sum paid or payable under a commitment duplicates assistance provided or to be provided out of monies made available by—

(i) the European Communities,

(ii) Parliament, or

(iii) a body exercising public functions within the United Kingdom;

(e) there has been a material change in the nature, scale, costs or timing of the operation or project in relation to which a commitment has been made; or

(f) the operation or project in relation to which a commitment has been made, has been or is being delayed, or is unlikely to be completed.

(2) Where the Secretary of State or a delivery body makes a determination under paragraph (1), he or it may also determine that the beneficiary acted recklessly or intentionally.

(3) Where the Secretary of State or a delivery body makes a determination under paragraph (1) or (2), he or it must—

(a) give the beneficiary a written explanation of the reasons for making the determination;

(b) afford the beneficiary the opportunity of making written representations within such time as he or it considers reasonable; and

(c) consider any such representations.

(4) This regulation applies without prejudice to any dispute procedure contained in a commitment.

(5) In paragraph (4), “dispute procedure” means a mechanism for resolving disputes between a beneficiary and either the Secretary of State or a delivery body.