Regulation 5 Other cases in which recovery etc. powers apply

Except in relation to any commitment under an enactment specified in Part I of the Schedule, the Minister may exercise the powers specified in paragraphs (1)(a) and (b) and (2) of regulation 6 where—

(a)

there has been a material change in the nature, scale, costs or timing of the operation or project in relation to which a commitment has been made;

(b)

the operation or project in relation to which a commitment has been made has been or is being delayed, or is unlikely to be completed;

(c)

the whole or part of the sum payable under a commitment would duplicate assistance provided or to be provided out of monies made available by—

(i)

the European Communities;

(ii)

Parliament; or

(iii)

a body exercising public functions within the United Kingdom;

and for the purposes of paragraph (c), a sum duplicates such assistance if it would be paid for any of the same purposes.