Section 74 Recovery ordersI1I2
United Kingdom
The Tribunal may make a recovery order if—
in exercise of its powers under section 72 or 73, it grants relief in respect of a decision of a public authority to give a subsidy or make a subsidy scheme, and
in granting that relief the Tribunal finds that the decision did not comply with a requirement of Chapter 1 or 2 of Part 2.
A recovery order is an order that—
confers a right on a public authority that has given a subsidy to recover the amount of that subsidy from the beneficiary, and
requires the public authority to exercise that right in accordance with the order.
A recovery order may—
provide for how the right to recover a subsidy under the order is to be exercised;
require that the right is exercised by such time as the order may specify;
relate to the whole of a subsidy or to such part as the order may provide;
where made in relation to subsidies given under a subsidy scheme, relate to all such subsidies or only to those subsidies specified in the order;
require the payment of interest in accordance with the order.
A recovery order is enforceable as though it were an order made by the High Court or, in relation to Scotland, the Court of Session.
Annotations
Commencement
- I1
S. 74 not in force at Royal Assent, see s. 91(2)
- I2
S. 74 in force at 4.1.2023 by S.I. 2022/1359, reg. 2