{
  "url": "https://openlegislation.uk/set-aside-access-scotland-regulations-1994/regulation-11",
  "json_url": "https://openlegislation.uk/set-aside-access-scotland-regulations-1994/regulation-11.json",
  "legislation": "uksi/1994/3085",
  "legislation_title": "The Set-Aside Access (Scotland) Regulations 1994",
  "legislation_url": "https://openlegislation.uk/set-aside-access-scotland-regulations-1994",
  "path": "regulation/11",
  "kind": "regulation",
  "number": "11",
  "heading": "Withholding and recovery of aid and termination",
  "text": "(1) Where any person, with a view to obtaining the payment of aid under these Regulations to himself or any other person, makes any statement or furnishes any information which is false or misleading in a material respect, the Secretary of State may withhold the whole or any part of any aid payable to that person or to such other person and may recover the whole or any part of any aid already paid to that person or to such other person.\n(2) Where a beneficiary—\n(a) fails to comply with any of the access obligations;\n(b) fails without reasonable excuse to permit entry and inspection by an authorised officer or to render all reasonable assistance to such authorised officer as required by regulation 10; or\n(c) fails without reasonable excuse to comply with any other requirement of these Regulations,\nthe Secretary of State 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.\n(3) Whether or not the Secretary of State withholds or recovers aid under paragraphs (1) or (2) above, he may treat as terminated the undertakings given by the beneficiary under these Regulations in any of the circumstances referred to in those paragraphs.\n(4) Where the Secretary of State, in accordance with paragraph (3) above or regulation 7(6)(c) treats as terminated the undertakings given by a beneficiary (“the first beneficiary”) under these Regulations, and he is satisfied that as a consequence the requirements of regulation 4(2) or 6(1)(b) are no longer met as respects land subject to access obligations which is occupied by any other beneficiary (“the second beneficiary”), he may—\n(a) withhold the whole or part of any aid payable to the second beneficiary;\n(b) recover the whole or part of any aid already paid to him; and\n(c) treat as terminated the undertakings given by the second beneficiary under these Regulations.\n(5) Paragraph (4) above shall not apply unless the Secretary of State has indicated in writing to the second beneficiary referred to in that paragraph at the time his application under regulation 5 was submitted or his undertaking under regulation 7(1)(b) was given, as the case may be, that the powers specified in paragraph (4)(a) to (c) above could be exercised where the Secretary of State treated as terminated the undertakings given by the first beneficiary in relation to adjacent land.\n(6) Before withholding or recovering any aid under paragraphs (2)(a) or (4) above, the Secretary of State shall—\n(a) give to the beneficiary a written explanation of the reasons for the proposed withholding or recovery;\n(b) afford the beneficiary an opportunity of appearing before and being heard by a person appointed for that purpose by the Secretary of State; and\n(c) consider the report by the person so appointed and supply a copy of the report to the beneficiary.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/1994/3085/regulation/11",
    "retrieved_at": "2026-10-29T13:21:40.431535+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."
}