Subsidy Control Act 2022
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Change 1
74 Recovery 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.
74 Recovery 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.
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