{
  "url": "https://openlegislation.uk/horticulture-pilot-scheme-regulations-northern-ireland-2025/regulation-7",
  "json_url": "https://openlegislation.uk/horticulture-pilot-scheme-regulations-northern-ireland-2025/regulation-7.json",
  "legislation": "nisr/2025/103",
  "legislation_title": "The Horticulture Pilot Scheme Regulations (Northern Ireland) 2025",
  "legislation_url": "https://openlegislation.uk/horticulture-pilot-scheme-regulations-northern-ireland-2025",
  "path": "regulation/7",
  "kind": "regulation",
  "number": "7",
  "heading": "Withholding and recovery of overpayments",
  "text": "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 that payment;\n(b) has without reasonable cause obstructed an authorised person in the exercise of their powers under regulation 8 or\n(c) has failed to provide reasonably required assistance to an authorised person under regulation 9.\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, (“the notice”)—\n(a) give the applicant a written explanation of the reasons for the proposed action; and\n(b) afford the applicant the opportunity to make written representations within 14 days beginning with the date of the issue of the notice; and\n(c) consider any representations made by or on behalf of the applicant.",
  "extent": "N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "I",
      "label": "I1",
      "text": "Reg. 7 in operation at 26.6.2025, see reg. 1"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/nisr/2025/103/regulation/7",
    "retrieved_at": "2026-10-29T00:25:51.491806+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."
}