The England Rural Development Programme (Enforcement) Regulations 2000

Minister’s powers of recovery etc.

6.—(1) Where regulation 4 or 5 applies, the Minister may exercise such of the following powers as are conferred on him by that regulation—

(a)to withhold the whole or any part of the sums payable to the beneficiary;

(b)to recover on demand the whole or any part of the sums already paid to the beneficiary; and

(c)to require the beneficiary to pay to the Minister an additional sum equal to no more than 10% of the sums paid or payable to him.

(2) Where the Minister takes any step specified in paragraph (1), he may also suspend or terminate the commitment, and thereupon any entitlement of the beneficiary to payment in respect of the unexpired period of the commitment shall likewise be suspended or terminated, as the case may be.

(3) Where the Minister terminates a commitment under paragraph (2), he may also prohibit the beneficiary from entering into any new commitment for such period (not exceeding two years) from the date of the termination as he may specify.

(4) The powers conferred on the Minister by paragraphs (2) and (3) shall be exercisable by a notice served on the beneficiary by post at his last known address, and in paragraph (3) “specify” means specify in such notice.

(5) Before taking any step specified in paragraph (1), (2) or (3) the Minister shall—

(a)give to the beneficiary a written explanation of the reasons for the step proposed to be taken;

(b)afford the beneficiary the opportunity of making written representations within such time as the Minister considers reasonable; and

(c)consider any such representations.

(6) This regulation applies without prejudice to any dispute procedure contained in a commitment made under any enactment specified in Part I of the Schedule.

(7) In this regulation, “dispute procedure” means a mechanism for resolving disputes between the Minister and the beneficiary.