13.—(1) There are to be 13 payment periods at regular intervals in the financial year.
(2) Reimbursement payments equating to 90% of the amount estimated by the Scottish Ministers to be due to the operator in respect of the relevant payment period must be paid by the Scottish Ministers on the first working day of that period.
(3) But reimbursement payments under paragraph (2) must not be paid until an operator submits to the Scottish Ministers the information required by article 11(1) and (2).
(4) The balance of each reimbursement payment must be paid by the Scottish Ministers, subject to any adjustments shown to be necessary based on the information submitted by the operator in relation to the relevant payment period under article 11, not later than 3 months after the end of that period.
(5) Supplementary reimbursement payments must be paid by the Scottish Ministers where—
(a)the Scottish Ministers have not made balancing reimbursement payments within 3 months of the end of the relevant payment period, provided that the operator submitted the original claim within 4 weeks of the end of the relevant payment period, and
(b)the Scottish Ministers have not informed the operator that they are disputing the claim.
(6) If the amount of any reimbursement payment made in accordance with paragraph (2) in respect of any payment period exceeds the total amount of the payment found to be payable in respect of that period, the Scottish Ministers may deduct the amount of the excess from the reimbursement payments due to that operator in respect of any subsequent payment period.
(7) Where an operator fails to supply the information required under article 11, the reimbursement payments due in respect of that and future periods may be withheld, in whole or in part, until the information required has been made available and verified.
(8) Any claims for reimbursement made by operators more than 1 year after the end of the relevant payment period will not be considered for reimbursement.
(9) An operator must provide any person duly authorised by the Scottish Ministers with access to the operator’s records where relevant for the purposes of validating claims for reimbursement.
(10) Access is to be provided under paragraph (9) without the need for any prior notification and without charge.
Commencement Information
I1Art. 13 in force at 1.4.2021, see art. 1