PART 5Enforcement

Appeals to the Competition Appeal Tribunal

74Recovery orders

(1)

The Tribunal may make a recovery order if—

(a)

in exercise of its powers under section 72 or 73, it grants relief in respect of a decision of a public authority to give a subsidy or make a subsidy scheme, and

(b)

in granting that relief the Tribunal finds that the decision did not comply with a requirement of Chapter 1 or 2 of Part 2.

(2)

A recovery order is an order that—

(a)

confers a right on a public authority that has given a subsidy to recover the amount of that subsidy from the beneficiary, and

(b)

requires the public authority to exercise that right in accordance with the order.

(3)

A recovery order may—

(a)

provide for how the right to recover a subsidy under the order is to be exercised;

(b)

require that the right is exercised by such time as the order may specify;

(c)

relate to the whole of a subsidy or to such part as the order may provide;

(d)

where made in relation to subsidies given under a subsidy scheme, relate to all such subsidies or only to those subsidies specified in the order;

(e)

require the payment of interest in accordance with the order.

(4)

A recovery order is enforceable as though it were an order made by the High Court or, in relation to Scotland, the Court of Session.