The Organic Farming Scheme (Wales) Regulations 2001

Withholding and recovery of aid, termination and exclusion

16.—(1) Where any person, with a view to obtaining the payment of aid to himself or herself or to any other person, makes any statement or furnishes any information which is false or misleading in a material respect, the National Assembly may withhold the whole or any part of any aid payable to that person or to that other person in relation to this scheme and may recover the whole or any part of any such aid already paid to that person or to that other person.

(2) Where a beneficiary—

(a) fails to comply with any undertaking given, or (by virtue of regulation 13) to be treated as given, under these Regulations,

(b) fails without reasonable excuse to permit entry and inspection by an authorised person or to render all reasonable assistance to the authorised person as required by regulation 15(2), or

(c) fails to comply with any other requirement of these Regulations,

the National Assembly may withhold the whole or any part of any aid payable to that beneficiary under this scheme and may recover the whole or any part of any aid already paid and may also require the payment to the National Assembly of a sum not exceeding 10% of the aid paid or payable to the beneficiary.

(3) Where the National Assembly takes any step specified in paragraph (1) or (2), it may also treat as terminated any entitlement of the beneficiary to the payment of aid under these Regulations.

(4) Where under paragraph (3) the National Assembly treats the beneficiary’s entitlement to aid as terminated, it may also by notice in writing to the beneficiary disqualify that beneficiary from participating in any agri-environment scheme for such period (not exceeding two years) from the date of that termination as may be specified in the notice.

(5) 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 and afford the beneficiary an opportunity to reply to the explanation in writing;

(b) afford the beneficiary the opportunity of appearing before and being heard by a person or persons appointed for that purpose by the National Assembly; and

(c) consider the report by the person or persons so appointed and supply a copy of the report to the beneficiary.