Section 11 Reduction, withholding and recovery of grantI1

Scotland

(1)

If at any time after the Scottish Ministers have approved an application in respect of any fishing boat it appears to them—

(a)

that any relevant condition has been breached or has not been complied with; or

(b)

without prejudice to the generality of sub-paragraph (1)(a), that any of the circumstances specified in sub-paragraph (2) exist or have occurred,

they may revoke the approval of such application or withhold the grant or any part of the grant in respect of the application and, where any payment of grant has been made, may recover from the applicant on demand an amount equal to the whole or any part of the payment which has been so made, irrespective of whether payment of grant was made to the applicant direct or to the authorised supplier on the applicant’s behalf by virtue of paragraph 7(2).

(2)

For the purposes of sub-paragraph (1)(b), the circumstances are that—

(a)

the application or any part of it was not an application which the applicant was entitled under paragraph 3 to make;

(b)

the applicant or an employee or agent of the applicant—

(i)

has failed to give to an authorised officer, or person accompanying such an authorised officer under paragraph 10(5), such assistance as the officer may request under paragraph 9;

(ii)

has intentionally obstructed an authorised officer, or person accompanying such an authorised officer under paragraph 10(5), in the exercise of the powers under paragraph 10; or

(iii)

has given information on any matter relevant to the giving of the approval or the making of a payment relevant to the approval which is false or misleading in a material respect.

(3)

Before revoking an approval or reducing or withholding any grant or making a demand by virtue of sub-paragraph (1), the Scottish Ministers must—

(a)

give the applicant a written explanation of the reasons for the step proposed to be taken;

(b)

afford the applicant the opportunity of making written representations within such time as the Scottish Ministers consider reasonable; and

(c)

consider any such representations.

Annotations

Commencement

I1: Para. 11 in force at 2.11.2010, see para. 1(1)