The Public Service Obligations in Transport Regulations 2023
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Change 1
25 Recovery orders
(1) A court may make a recovery order if— (a) in exercise of its powers, it grants relief in respect of a decision to enter into a public service contract, or make a general rule, under which a subsidy is given to a public service operator, and (b) in granting that relief the court finds that the decision did not comply with these Regulations. (2) A recovery order is an order that— (a) confers a right on a competent authority that has given the subsidy to recover the amount of that subsidy from the beneficiary, and (b) requires the 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) require the payment of interest in accordance with the order. (4) In this regulation, “subsidy” has the same meaning as in the Subsidy Control Act 2022.
25 Recovery orders
(1) A court may make a recovery order if— (a) in exercise of its powers, it grants relief in respect of a decision to enter into a public service contract, or make a general rule, under which a subsidy is given to a public service operator, and (b) in granting that relief the court finds that the decision did not comply with these Regulations. (2) A recovery order is an order that— (a) confers a right on a competent authority that has given the subsidy to recover the amount of that subsidy from the beneficiary, and (b) requires the 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) require the payment of interest in accordance with the order. (4) In this regulation, “subsidy” has the same meaning as in the Subsidy Control Act 2022.
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