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The Agricultural Processing and Marketing Grant (Wales) Regulations 2001

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Assembly’s powers of recovery etc

14.—(1) The powers conferred by regulations 12(1) and 13 are—

(a)to withhold the whole or any part of the sums payable to the beneficiary;

(b)to recover on demand the whole or any part of the sums already paid to the beneficiary.

(2) Where any of the circumstances specified in regulation 12(1) were intended by the beneficiary or arose as a result of recklessness on the part of the beneficiary, the National Assembly may also require the beneficiary to pay to it an additional sum equal to no more than 10% of the sums paid or payable to him or her.

(3) Where the National Assembly takes any step specified in paragraph (1), it may also suspend or terminate financial support and / or any commitment made by a beneficiary, and thereupon any entitlement of the beneficiary to payment in respect of the unexpired period of the commitment shall likewise be suspended or terminated as the case may be.

(4) Where the National Assembly terminates a commitment under paragraph (3), it may also prohibit the beneficiary from entering into any new commitment for such period (not exceeding two years) from the date of the termination as it may specify.

(5) The powers conferred on the National Assembly by paragraphs (2), (3) and (4) shall be exercisable by a notice served on the beneficiary by post at his or her last known address, and in paragraph (4) “specify” means specify in such notice.

(6) Before taking any step specified in paragraph (1), (2), (3) or (4) the National Assembly shall—

(a)give to the beneficiary a written explanation of the reasons for the step proposed to be taken;

(b)afford the beneficiary the opportunity of making written representations within such time as the National Assembly considers reasonable; and

(c)consider any such representations.

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