- Draft legislation
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44.—(1) If the CMA makes a recovery order or an interim recovery order—
(a)the aid grantor must notify the beneficiary of the order;
(b)the aid grantor must take all necessary measures to recover the aid and interest payable on the aid from the beneficiary; and
(c)the aid grantor has a right to recover the aid and interest payable on the aid from the beneficiary.
(2) Interest payable on the aid is calculated in accordance with regulations 58 and 59.
(3) In any proceedings that rely on the right in paragraph (1)(c), it is a defence for the beneficiary to show that—
(a)recovery of the aid would be contrary to the protection of a legitimate expectation created by the CMA; or
(b)the limitation period for the aid had expired at the time the recovery order was made by the CMA.
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