# The Sea Fish Industry (Harbour and Landing Dues) Scheme (Northern Ireland) 2013, Section 8: Witholding and recovery


(1) This paragraph applies where, having approved an application (either under paragraph 5 or following a successful review under paragraph 7), it appears to the Department that—
(a) the applicant was not eligible to make the application;
(b) any condition notified to the applicant under paragraph 5(3)(b) has not been complied with;
(c) the requirements of the Commission Regulation have not been complied with; or
(d) the applicant knowingly or recklessly provided materially false or misleading information or any document which is false in a material particular in relation to the application.
(2) Where this paragraph applies, subject to sub-paragraph (3), the Department may –
(a) revoke the approval of an application;
(b) withhold the payment of any grant, or any part of it, to be made under paragraph 5(1); or
(c) where any payment of grant has already been made under paragraph 5(1), recover on demand from the applicant an amount equal to the whole or any part of such payment.
(3) Before exercising the power under sub-paragraph (2) the Department shall—
(a) give the applicant a written explanation of the reasons for the proposed action;
(b) afford the applicant the opportunity to make written representations within a reasonable time specified by the Department; and
(c) consider any such representations made.

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Source: https://www.legislation.gov.uk/nisr/2013/215/section/8 (the official version)
Page: https://openlegislation.uk/sea-fish-industry-harbour-and-landing-dues-scheme-northern-ireland-2013/section-8
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.