The Beef Special Premium (Scotland) Regulations 2001

Withholding or recovery of beef special premium

20.—(1) Where at any time during a scheme year an applicant fails to–

(a) comply with the requirements of regulation 17(1);

(b) comply with the requirements of Article 7(4) of Regulation 1760/2000 and the Cattle Identification Regulations 1998; or

(c) in the opinion of the Scottish Ministers, keep any specified record in a form which is accurate and up to date,

the Scottish Ministers may withhold or recover on demand as a debt, the whole or any part of any beef special premium payable or, as the case may be, paid to that applicant in respect of that scheme year.

(2) Where an applicant intentionally obstructs an authorised person (or a person accompanying that person and acting under that person’s instructions) in the exercise of a power under regulation 18, or fails without reasonable excuse to comply with a request made by an authorised person when exercising such a power, the Scottish Ministers may withhold or recover on demand as a debt, the whole or any part of any beef special premium payable or, as the case may be, paid to that applicant in respect of that scheme year.

(3) Where a person, other than an applicant intentionally obstructs an authorised person (or a person accompanying that person and acting under that person’s instructions) in the exercise of a power under regulation 18, or fails without reasonable excuse to comply with a request made by an authorised person when exercising such a power, the Scottish Ministers may where such person was at the time of such obstruction or failure, an employee or agent of an applicant, withhold or recover from the applicant on demand as a debt, the whole or any part of any beef special premium payable, or as the case may be, paid to that applicant in respect of that scheme year.