Section 7 Withholding of grants

(1)

Without prejudice to section 29(4) of the Agriculture Act 1970, the Scottish Ministers may also withhold, reduce or recover the whole or any part of a grant otherwise payable under this Scheme where they consider that–

(a)

assistance in respect of expenditure towards which the grant is claimed has been obtained from another source;

(b)

the work in respect of which the grant is claimed would frustrate the purposes served by assistance previously given out of money provided by Parliament, the Scottish Parliament or the European Community;

(c)

the expenditure towards which the grant is being claimed is excessive, having regard to all the circumstances of the case; or

(d)

the carrying out of the work in respect of which the grant is to be made has destroyed or damaged or is likely to destroy or damage the natural beauty and amenity of the countryside to an extent which cannot be justified by any resulting agricultural benefit.

(2)

In any case in which the Scottish Ministers consider that it is appropriate for them to withhold, reduce or recover any grant under sub-paragraph (1), they shall, before making a decision–

(a)

give the applicant written notification of the reasons for the action proposed to be taken by them;

(b)

afford that person an opportunity of appearing before and being heard by a person appointed for that purpose by them; and

(c)

consider the report by a person so appointed and supply a copy of the report to the applicant.