{
  "url": "https://openlegislation.uk/farming-for-sustainability-knowledge-transfer-payments-regulations-northern-ireland-2025/regulation-5",
  "json_url": "https://openlegislation.uk/farming-for-sustainability-knowledge-transfer-payments-regulations-northern-ireland-2025/regulation-5.json",
  "legislation": "nisr/2025/40",
  "legislation_title": "The Farming for Sustainability Knowledge Transfer Payments Regulations (Northern Ireland) 2025",
  "legislation_url": "https://openlegislation.uk/farming-for-sustainability-knowledge-transfer-payments-regulations-northern-ireland-2025",
  "path": "regulation/5",
  "kind": "regulation",
  "number": "5",
  "heading": "Withholding and recovery of payments",
  "text": "(1) This regulation applies where an application for payment has been approved by the Department and it becomes aware that the applicant—\n(a) is not eligible to receive the payment; or\n(b) has failed to provide farm performance information in accordance with regulation 3(b) or 4 (b) or (c).\n(2) Subject to paragraph (3) the Department may—\n(a) revoke the approval of the application for payment; and\n(b) where payment has not been made withhold the payment or any part of it; or\n(c) where payment has already been made, recover from the applicant an amount equal to the whole or any part of the payment—\n(i) as a civil debt; or\n(ii) by way of offsetting against any sum otherwise payable to the applicant by the Department.\n(3) Before exercising the power under paragraph (2), the Department must by a withdrawal or recovery notice, as is appropriate—\n(a) give the applicant a written explanation of the reasons for the proposed action;\n(b) afford the applicant the opportunity to make written representations with a reasonable time specified by the Department; and\n(c) consider representations made by or on behalf of the applicant within a reasonable time period.",
  "extent": "N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "I",
      "label": "I1",
      "text": "Reg. 5 in operation at 1.4.2025, see reg. 1"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/nisr/2025/40/regulation/5",
    "retrieved_at": "2026-10-29T00:26:38.019143+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}