The Habitats (Scotland) Regulations 1994

Withholding and recovery of aid

12.—(1) Where any person with a view to obtaining the payment of aid under the scheme to himself or any other person makes any statement or furnishes any information which is false or misleading in a material respect, the Secretary of State may withhold the whole or any part of any aid under the scheme payable to that person or to such other person, and may recover the whole or any part of any aid already paid to that person or to such other person.

(2) Where a beneficiary–

(a) fails without reasonable excuse to comply with any of his obligations under these Regulations; or

(b) fails without reasonable excuse to permit entry or inspection by an authorised person or to render all reasonable assistance to such authorised person as required by regulation 11,

the Secretary of State may withhold the whole or any part of any aid under the scheme payable to that beneficiary, and may recover the whole or any part of any such aid already paid to him.

(3) Before withholding or recovering any aid under regulation 9(6), or paragraphs (1) and (2) above, the Secretary of State shall–

(a) give to the beneficiary a written explanation of the reasons for the proposed withholding or recovery;

(b) afford the beneficiary an opportunity of appearing before and being heard by a person appointed for that purpose by the Secretary of State; and

(c) consider the report by the person so appointed and supply a copy of the report to the beneficiary.