Regulation 25 Recovery orders
A court may make a recovery order if—
in exercise of its powers, it grants relief in respect of a decision to enter into a public service contract, or make a general rule, under which a subsidy is given to a public service operator, and
in granting that relief the court finds that the decision did not comply with these Regulations.
A recovery order is an order that—
confers a right on a competent authority that has given the subsidy to recover the amount of that subsidy from the beneficiary, and
requires the authority to exercise that right in accordance with the order.
A recovery order may—
provide for how the right to recover a subsidy under the order is to be exercised;
require that the right is exercised by such time as the order may specify;
relate to the whole of a subsidy or to such part as the order may provide;
require the payment of interest in accordance with the order.
In this regulation, “subsidy” has the same meaning as in the Subsidy Control Act 2022f1.
Annotations
Footnotes
- f1
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2022 c. 23. See section 2(1) for the definition of “subsidy”.