Regulation 16 Withholding and recovery of aid, termination and exclusion
Where any person, with a view to obtaining the payment of aid to himself or any other person, makes any statement or furnishes any information which is false or misleading in a material respect, the Minister may withhold the whole or any part of any aid payable to that person or to that other person and may recover the whole or any part of any such aid already paid to that person or to that other person.
Where a beneficiary–
fails to comply with any undertaking given, or (by virtue of regulation 13(4)(b)) to be treated as given, by him under these Regulations,
fails without reasonable excuse to permit entry and inspection by an authorised person or to render all reasonable assistance to such authorised person as required by regulation 15(2), or
fails to comply with any other requirement of these Regulations,
the Minister may withhold the whole or any part of any aid payable to that beneficiary and may recover the whole or any part of any aid already paid to him and may also require him to pay to the Minister a sum not exceeding 10% of the aid paid or payable to the beneficiary.
Where the Minister takes any step specified in paragraph (1) or (2), he may also treat as terminated any entitlement of the beneficiary to the payment of aid under these Regulations.
Where under paragraph (3) the Minister treats the beneficiary’s entitlement to aid as terminated, he may also by notice in writing to the beneficiary disqualify him from participating in any agri-environment scheme for such period (not exceeding two years) from the date of that termination as may be specified in the notice.
Before taking any step specified in paragraph (1), (2), (3) or (4), the Minister shall–
give to the beneficiary a written explanation of the reasons for the step proposed to be taken;
afford the beneficiary the opportunity of appearing before and being heard by a person appointed for that purpose by the Minister; and
consider the report by the person so appointed and supply a copy of the report to the beneficiary.