Legislation – The Agriculture (Delinked Payments and Consequential Provisions) (England) Regulations 2023
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There are currently no known outstanding effects for The Agriculture (Delinked Payments and Consequential Provisions) (England) Regulations 2023, Section 10.
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PART 3Making and recovery of delinked payments
Recovery of delinked payments10.
(1)
The Secretary of State may recover on demand an amount paid to a person by way of a delinked payment to which that person was not entitled.
(2)
Where the Secretary of State decides to recover an amount under paragraph (1) from any person, the Secretary of State must notify that person in writing of—
(a)
the amount to be repaid; and
(b)
the deadline specified in paragraph (3) by which the repayment of that amount must be made by that person.
(3)
The deadline specified in this paragraph is before the end of the period of 60 days beginning on the date on which the notification under paragraph (2) is given.
(4)
Where a person fails to repay the full amount referred to in paragraph (2)(a) within the deadline specified in paragraph (3), the Secretary of State may recover the amount outstanding as a debt, together with interest on that amount, calculated in accordance with paragraph (5).
(5)
Where the Secretary of State exercises the power conferred under paragraph (4), interest may be charged to the amount to be repaid for each day from the repayment deadline specified in paragraph (3) to the date on which repayment of that amount, together with any associated interest, is made in full.
(6)
The rate of interest applicable on any day is one percentage point above the Bank of England base rate.