Powers of recovery etc.I111

1

The Welsh Ministers may exercise the powers specified in paragraph (2) where they are satisfied, as regards an approved operation, that—

a

any condition referred to in regulation 3 or 4 has not been complied with in whole or in part;

b

the application so approved under regulation 4 (or any part of it) was not an application (or part) which the beneficiary was eligible to make;

c

the beneficiary or an employee, servant or agent of the beneficiary has—

i

failed to comply with any requirement under regulation 6, 9(1)(b), 9(1)(d) or 9(2); or

ii

given information on any matter relevant to the giving of the approval which is false or misleading in a material respect;

d

the approved operation was commenced before the date on which the Welsh Ministers gave written permission to do so;

e

any undertakings given by the beneficiary under regulation 16 have not been complied with;

f

the beneficiary has failed to comply with regulation 10;

g

there is a material change in the nature, scale, costs or timing of the approved operation;

h

the approved operation has not been or is not being properly carried out;

i

the approved operation has been or is being unreasonably delayed or is unlikely to be completed;

j

the financial assistance duplicates or would duplicate assistance provided or to be provided out of monies made available by—

i

the European Union,

ii

the Welsh Ministers, or

iii

a body exercising public functions within the United Kingdom;

k

the beneficiary is in breach of any requirement to which they are subject under these Regulations or under the EU legislation; or

l

the approved operation is subject to penalties applicable under the EU legislation.

2

The powers conferred by paragraph (1) are to—

a

revoke the approval of the operation in whole or in part;

b

reduce or withhold any financial assistance in respect of the approved operation;

c

recover on demand the whole or any part of any financial assistance already paid to the beneficiary.

3

Where the Commission has decided to reduce or suspend assistance, the Welsh Ministers may exercise the powers referred to in paragraph (2).

4

For the purposes of paragraph (1)(j), a sum duplicates financial assistance if it is, or would be, paid for any of the same purposes.