# The Suckler Cow Premium Regulations 1991, Regulation 8: Recovery of premium


(1) Where, in relation to an application for premium, an applicant or an employee, servant or agent of an applicant—
(a) makes a statement which is untrue or misleading in a material respect; or
(b) furnishes to the appropriate Minister any inaccurate information,
the appropriate Minister shall be entitled to recover on demand from the applicant the whole or any part of any premium paid to him.
(2) Where an applicant—
(a) having given an undertaking under Article 2(2) or 2a(2) of the Council Regulation, under Article 1(2) of the Commission Regulation or under paragraph 8(b) of the Schedule to these Regulations, fails in any way to comply with that undertaking;
(b) fails to satisfy the appropriate Minister with regard to the matters specified in Article 2(1) or 2a(l) of the Council Regulation;
(c) intentionally obstructs an authorised officer acting in exercise of the powers conferred upon him by regulation 6 or a person accompanying such authorised officer and acting under his instructions; or
(d) fails without reasonable excuse to comply with a request made by an authorised officer under regulation 7,
the appropriate Minister shall be entitled to recover on demand from the applicant the whole or any part of any premium paid to him.
(3) Where, in relation to an application for premium, a specified successor or an employee, servant or agent of a specified successor—
(a) makes a statement which is untrue or misleading in a material respect; or
(b) furnishes to the appropriate Minister any inaccurate information,
the appropriate Minister shall be entitled to recover on demand from the specified successor the whole or any part of any premium paid to his predecessor.
(4) Where a specified successor—
(a) fails to satisfy the appropriate Minister with regard to the matters specified in Article 4a(6) of the Commission Regulation;
(b) intentionally obstructs an authorised officer acting in exercise of the powers conferred upon him by regulation 6 or a person accompanying such authorised officer and acting under his instructions; or
(c) fails without reasonable excuse to comply with a request made by an authorised officer under regulation 7,
the appropriate Minister shall be entitled to recover on demand from that specified successor the whole or any part of any premium paid to his predecessor.
(5) Where a person intentionally obstructs an authorised officer acting in exercise of the powers conferred upon him by regulation 6, or a person accompanying such authorised officer and acting under his instructions, or fails without reasonable excuse to comply with a request made by an authorised officer under regulation 7, the appropriate Minister shall be entitled—
(a) where such person was at the time of such obstruction or failure an employee, servant or agent of an applicant, to recover on demand from that applicant the whole or any part of any premium paid to that applicant;
(b) where such person was at the time of such obstruction or failure an employee, servant or agent of a specified successor, to recover on demand from that specified successor an amount equal to the whole or any part of any premium paid to his predecessor.
(6) Where the appropriate Minister is entitled under any preceding paragraph of this regulation to recover from any person any payment of premium, the appropriate Minister may in addition recover from that person interest on the amount of that payment, calculated at the rate of one percentage point above the sterling three months London Interbank Offered Rate on a day to day basis from the date when that payment was made to that person or his predecessor (as the case may be) to the date of its recovery by the appropriate Minister.

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Source: https://www.legislation.gov.uk/uksi/1991/2632/regulation/8 (the official version)
Page: https://openlegislation.uk/suckler-cow-premium-regulations-1991/regulation-8
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.