OpenLegislation

Regulation 5 Withholding and recovery of aidF4I1

England and Wales

F1(A1)

In this regulation—

(a)

“aid” includes—

(i)

any aid granted before IP completion day pursuant to Article 23(1) of the Council Regulation as it applied before that day; and

(ii)

any aid granted by the Welsh Ministers before IP completion day under regulation 3 of these regulations as it had effect before that day, and

(b)

“applicant” is to be construed accordingly.

(1)

Where an applicant has received F2aid to which the applicant was not entitled, or where the applicant is in breach of any commitment given by the applicant as a condition of such F3aid, the Welsh Ministers may—.

(a)

withhold the whole or any part of such aid that they might otherwise have made; or

(b)

recover on demand the whole or any part of any such aid already made by them.

(2)

Before taking action under paragraph (1), the Welsh Ministers must—

(a)

give the applicant written reasons for the action the Welsh Ministers propose to take;

(b)

afford the applicant the opportunity to make written representations within such time as the Welsh Ministers considers reasonable; and

(c)

consider any such representations.

(3)

Any money due to the Welsh Ministers under or by virtue of these Regulations is recoverable as a debt.

Annotations

Textual amendments

F1

Reg. 5(A1) inserted (31.12.2020) by The Food (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2019 (S.I. 2019/732), regs. 1(2), 8(5)(a)(as amended by The Food and Rural Affairs (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2020 (S.I. 2020/1308), regs. 1(2), 3(5)); 2020 c. 1, Sch. 5 para. 1(1)

F2

Word in reg. 5(1) substituted (31.12.2020) by The Food (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2019 (S.I. 2019/732), regs. 1(2), 8(5)(b)(i); 2020 c. 1, Sch. 5 para. 1(1)

F3

Word in reg. 5(1) substituted (31.12.2020) by The Food (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2019 (S.I. 2019/732), regs. 1(2), 8(5)(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F4

Reg. 5 heading substituted (31.12.2020) by The Food (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2019 (S.I. 2019/732), regs. 1(2), 8(5)(c); 2020 c. 1, Sch. 5 para. 1(1)

Commencement

I1

Reg. 5 in force at 1.8.2017, see reg. 1(1)