# The Highlands and Islands Agricultural Programme Regulations 1994, Regulation 12: Reduction, withholding and recovery of financial assistance


(1) Subject to paragraph (2) below, if at any time after the Secretary of State has approved an application or paid financial assistance under these Regulations it appears to him that—
(a) any condition subject to which the approval was given or the financial assistance has been paid has not been complied with, or the expected benefits have not been achieved; or
(b) any measure in respect of which financial assistance has been paid has been badly done or provided, or has been or is being unreasonably delayed or is unlikely to be completed; or
(c) the carrying out or provision of the measure in respect of which such financial assistance is claimed appears to the Secretary of State to frustrate the purposes served by assistance previously given out of money provided by Parliament or the European Community; or
(d) the carrying out of the measure in respect of which such financial assistance is claimed has been effected in a way which appears to the Secretary of State to have destroyed or damaged the natural beauty and amenity of the countryside to an extent which cannot be justified by the purpose for which financial assistance is claimed; or
(e) public funding in respect of expenditure towards which such financial assistance is claimed has been or may be given otherwise than under these Regulations; or
(f) he considers that the expenditure towards which such financial assistance is claimed is excessive, having regard to the measure carried out or provided and to which the claim relates; or
(g) the eligible person has—
(i) intentionally obstructed any officer in exercise of his powers under regulation 11; or
(ii) failed to comply with a requirement imposed under regulation 11(1); or
(h) the eligible person gave information on any matter relevant to the giving of the approval or the making of the payment which was false or misleading in a material respect,
the Secretary of State may revoke the approval, in whole or in part or may reduce or withhold any financial assistance under these Regulations and, where any such financial assistance has been paid, may recover on demand an amount equal to the financial assistance which has been so paid or such part thereof as he may specify.
(2) Before revoking an approval, reducing or withholding any financial assistance or making a demand under paragraph (1) above, the Secretary of State shall give to any person to whom any such financial assistance would be payable or from whom any such amount would be recoverable a written notification of the reasons for the action proposed to be taken by him, and shall allow that person a period of 21 days in which to make representations in writing to him.

---
Source: https://www.legislation.gov.uk/uksi/1994/3096/regulation/12 (the official version)
Page: https://openlegislation.uk/highlands-and-islands-agricultural-programme-regulations-1994/regulation-12
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.