13.—(1) Where, after the date upon which any grant, or any instalment of grant, has been paid under this Scheme, the Scottish Ministers are satisfied that the applicant has not complied, or is not complying, with a condition imposed on the applicant–
(a)under paragraph 4(2) of this Scheme, F1... in relation to the approval of the cost of an operation;
(b)under paragraph 4(1) of this Scheme, or paragraph 9(2), or [F2paragraph 10B(2) of] this Scheme, in relation to a grant; or
(c)under paragraph 12 of this Scheme in relation to an instalment of grant,
they may–
[F3(aa)recover from the applicant the amount of grant, or any instalment of grant, paid to the applicant, or such part thereof, as they consider reasonable, in like manner as if it were a debt due by the applicant to them; [F4and]
(bb)where, in their view the conduct of the applicant was reckless or was carried out with the intention of breaching any condition imposed in the grant, require the applicant to pay to them an additional sum equal to no more than 10% of the grant paid or payable.]
(2) The Scottish Ministers may terminate an award of grant under paragraph 8 of this Scheme and if they do so, they may also prohibit the applicant from submitting any new grant application for such period from the date of termination as the Scottish Ministers may specify.
(3) The powers conferred on the Scottish Ministers by sub-paragraphs (1) and (2) shall be exercisable by a notice served on the applicant by post at his last known address and in sub-paragraph (2), “specify” means specify in such notice.
(4) (a) Where the Scottish Ministers exercise the power to recover conferred by this paragraph of this Scheme they may also recover on demand interest on the sum to be recovered at a rate of interest one per centum above the sterling three month London interbank offered rate on a day to day basis from the date of [F5discovery of the non compliance with, or breach of, any condition imposed on the applicant] until the date of recovery.
(b)In any proceedings for recovery under this Scheme, a certificate issued by the Scottish Ministers stating the rate or rates of interest, the amount of such interest recoverable and the period for which such interest is calculated, shall unless the contrary is shown, be conclusive of those matters.
Textual Amendments
F1Words in para. 13(1)(a) omitted (6.4.2015) by virtue of The Crofting Counties Agricultural Grants (Scotland) Variation Scheme 2015 (S.S.I. 2015/105), paras. 1, 3(7)(a) (with para. 4)
F2Words in para. 13(1)(b) substituted (6.4.2015) by The Crofting Counties Agricultural Grants (Scotland) Variation Scheme 2015 (S.S.I. 2015/105), paras. 1, 3(7)(b) (with para. 4)
F3Para. 13(1)(aa)(bb) substituted for words (17.3.2008) by virtue of The Crofting Counties Agricultural Grants (Scotland) Amendment Scheme 2008 (S.S.I. 2008/58), paras. 1, 2(5)(a)(i)(ii)
F4Word in para. 13(1)(aa) substituted (6.4.2015) by The Crofting Counties Agricultural Grants (Scotland) Variation Scheme 2015 (S.S.I. 2015/105), paras. 1, 3(7)(c) (with para. 4)
F5Words in para. 13(4)(a) substituted (17.3.2008) by virtue of The Crofting Counties Agricultural Grants (Scotland) Amendment Scheme 2008 (S.S.I. 2008/58), paras. 1, 2(5)(b)(i)(ii)
Commencement Information
I1Para. 13 in force at 25.1.2006, see para. 1