PART 5Enforcement
Appeals to the Competition Appeal Tribunal
I1I274Recovery 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.