Regulation 23 Recovery of undue payments

Scotland

(1)

Where a farmer is liable to repay all or part of a direct payment in accordance with Article 7(1) of the Horizontal Implementing Regulation, the amount of the repayment, together with the interest on that amount calculated in accordance with regulation 24, is recoverable as a debt.

(2)

In any legal proceedings brought pursuant to paragraph (1), a certificate of the Scottish Ministers which—

(a)

sets out the Bank of England base rate applicable during a specified period; and

(b)

includes a statement that the Bank of England F1, the coordinating body, or, F2on or after exit day, the relevant authority notified the Scottish Ministers of that rate for that period,

is evidence of the rate applicable during that period.

F3(3)

In this regulation—

“the relevant authority” means the Secretary of State, the Department of Agriculture, Environment and Rural Affairs, the Scottish Ministers and the Welsh Ministers acting jointly; and
“the coordinating body” means the coordinating body referred to in regulation 3 of the Common Agricultural Policy (Competent Authority and Coordinating Body) Regulations 2014 M1.

Annotations

Textual amendments

F1: Words in reg. 23(2)(b) substituted (31.1.2020) by The Direct Payments to Farmers (Legislative Continuity) (Scotland) (Miscellaneous Amendments) Regulations 2020 (S.S.I. 2020/18), regs. 1(2), 3(8)(a)
F2: Words in reg. 23(2)(b) substituted (1.1.2021) by The Direct Payments to Farmers (Miscellaneous Amendments) (Scotland) Regulations 2020 (S.S.I. 2020/460), regs. 1(2), 9(3)
F3: Reg. 23(3) substituted (31.1.2020) by The Direct Payments to Farmers (Legislative Continuity) (Scotland) (Miscellaneous Amendments) Regulations 2020 (S.S.I. 2020/18), regs. 1(2), 3(8)(b)

Marginal citations

M1: S.I. 2014/3260.