Regulation 5 Revocation of approval and recovery of grant

If at any time after the appropriate Minister has approved any expenditure for the purposes of a grant under these regulations it appears to that Minister—

(a)

that any condition subject to which the approval was given or the grant has been made has not been complied with, or

(b)

that any work in respect of expenditure on which the approval was given has been badly done, or has been or is being unreasonably delayed, or is unlikely to be completed, or

(c)

that the person by whom the application for that approval or for the making of any payment was made gave information on any matter relevant to the giving of the approval or the making of the payment which was false or misleading in a material respect, or

(d)

that the Commission or the Council has decided, under Article 19.2 of the Council Regulation, to suspend, reduce or discontinue Community aid and to recover any sums the payment of which was not or is no longer justified or, under Article 20.2 of the Council Regulation, to reverse in whole or in part the decision to grant Community aid and to recover in whole or in part the sums paid,

the appropriate Minister may revoke the approval in respect of the whole or part of the expenditure and, where any payment has been made by way of grant, may on demand recover an amount equal to the payment which has been so made or such part thereof as the appropriate Minister may specify; but before revoking an approval in whole or in part under paragraph (a), (b) or (c) of this regulation the appropriate Minister—

(i)

shall give to the person to whom any payment by way of grant would be payable, or from whom any such amount would be recoverable, a written notification of the reasons for the action proposed to be taken by the appropriate Minister,

(ii)

shall afford that person an opportunity of appearing before and being heard by a person appointed for the purpose by the appropriate Minister, and

(iii)

shall consider the report by a person so appointed and supply a copy of the report to the person mentioned in paragraph (i) above.