Section 15 Reduction, withholding or recovery of payments
United Kingdom
This paragraph applies where, having approved an application, the Secretary of State considers that—
any condition attached to that approval under paragraph 13(5)(a) or (6) has been breached or has not been complied with;
the applicant was not eligible to make the application; or
the applicant provided materially false or misleading information in relation to the application.
The Secretary of State, if proposing to take action under sub-paragraph (3), must first—
give the applicant a written explanation of the reasons for the proposed action;
invite the applicant to make written representations before such specified date as the Secretary of State considers reasonable; and
consider any such representations made before that date.
The Secretary of State, following consideration of any representations made under sub-paragraph (2), may—
overturn the approval of the application;
withhold the whole or part of any payment to be made under paragraph 14(1); and
where a payment has been made under paragraph 14(1), recover on demand from the applicant an amount equal to the whole or part of that payment (irrespective of whether the payment was made to the applicant or to the supplier of the approved software).
When recovering an amount under sub-paragraph (3)(c), the Secretary of State may also recover interest on that amount at a rate of 1% above the LIBOR calculated on a daily basis for the period beginning with the day after the amount was paid and ending on the day the amount is recovered.
In any proceedings for recovery under this Part, a certificate issued by the Secretary of State stating the LIBOR applicable for a day, the amount of interest recoverable or the period for which interest is calculated is sufficient evidence of those matters, unless the contrary is shown.