The Fishing Boats (Electronic Transmission of Fishing Activities Data) Scheme (Northern Ireland) 2011

Withholding and recovery of grant

11.—(1) If it appears to the Department that an applicant has in respect of a fishing boat,

(a) not complied with any relevant condition;

(b) knowingly furnished information or produced a document in purported compliance with any provision of this Scheme which is false in a material particular; or

(c) recklessly furnished information or produced a document in purported compliance with any provision of this Scheme which is false in a material particular,

the Department may withhold payment of a grant or any part of a grant in respect of that boat and, where any payment of grant has already been made, may recover on demand from the applicant an amount equal to the whole or any part of such payment irrespective of whether the payment was made to the applicant or to the supplier.

(2) Before exercising the power under sub-paragraph (1) in relation to an applicant the Department shall—

(a) give the applicant a written explanation of the reasons for the action proposed to be taken;

(b) afford the applicant the opportunity to make written representations within a reasonable time specified by the Department;

(c) consider any such representations; and

(d) notify the applicant in writing of its decision.