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The Dairy (Specific Market Support Measure) Regulations 2010

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Recovery of unauthorised payments and interest

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5.—(1) Where–

(a)a farmer has received any payment under regulation 3;

(b)the relevant authority establishes that figures used to calculate that farmer’s production and marketing of milk and milk equivalent during the specified period were incorrect, and

(c)if correct figures or information had been used the farmer would not have received a particular sum (“the unauthorised sum”) as the whole or any part of the payment,

the relevant authority may recover that unauthorised sum.

(2) The relevant authority may recover interest on the unauthorised sum in accordance with paragraphs (3) and (4).

(3) Interest is payable in respect of each day from and including the day on which the relevant authority paid the unauthorised sum to the farmer.

(4) The rate of interest applicable on any day is one percentage point above the sterling three month London interbank offered rate on that day.

(5) The unauthorised sum, together with interest, is recoverable as a civil debt.

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