Legislation – Subsidy Control Act 2022
Changes to legislation:
There are currently no known outstanding effects for the Subsidy Control Act 2022, Section 74.
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PART 5Enforcement
Appeals to the Competition Appeal Tribunal
74Recovery orders
(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.