# Subsidy Control Act 2022, Section 74: Recovery orders

Extent: E+W+S+N.I.

(1) The Tribunal may make a recovery order if—
(a) 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
(b) in granting that relief the Tribunal finds that the decision did not comply with a requirement of Chapter 1 or 2 of Part 2.
(2) A recovery order is an order that—
(a) confers a right on a public authority that has given a subsidy to recover the amount of that subsidy from the beneficiary, and
(b) requires the public authority to exercise that right in accordance with the order.
(3) A recovery order may—
(a) provide for how the right to recover a subsidy under the order is to be exercised;
(b) require that the right is exercised by such time as the order may specify;
(c) relate to the whole of a subsidy or to such part as the order may provide;
(d) 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;
(e) require the payment of interest in accordance with the order.
(4) 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.

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Source: https://www.legislation.gov.uk/ukpga/2022/23/section/74 (the official version)
Page: https://openlegislation.uk/subsidy-control-act-2022/section-74
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

