The Beef Special Premium (Recovery Powers) Regulations 1989

• Citation: S.I. 1989/575
• Sections: 5

Section 1 Title, extent, commencement and interpretation

(1) These Regulations, which may be cited as the Beef Special Premium (Recovery Powers) Regulations 1989, shall apply in Great Britain and shall come into force on 3rd April 1989.

(2) In these Regulations, “The Protection Order ” means the Beef Special Premium (Protection of Payments) Order 1989 and other expressions have, in so far as the context admits, the same meaning as in that Order.

Section 2 Recovery of premium payments

If any person to whom a premium payment has been made–

(a) has made a false statement in connection with that payment; or

(b) has contravened, or failed to comply with, any requirement imposed by or under Council Regulation ( EEC ) No. 468/87 laying down general rules applying to the special premium for beef producers or Commission Regulation (EEC) No. 714/89 laying down detailed rules applying to the special premium for beef producers

the Board may recover from him as a civil debt such of the amount of premium paid to him in the calendar year in which the false statement was made or the contravention or failure to comply occurred as is, in accordance with Article 9 of the Commission Regulation, repayable to the Board together with interest in respect of the period between the date on which any premium was paid and the date on which it was recovered calculated at a rate to be determined by the Minister of Agriculture, Fisheries and Food.

Section 3 Recovery of premium payments

If any person has, in contravention of any provision of the Protection Order, in his possession an animal in respect of which a premium payment has been made the Board may recover from him as a civil debt such amount (not exceeding the premium paid in respect of that animal), together with interest in respect of the period between the date on which that premium was paid and the date on which it was recovered calculated at the rate determined for the purposes of Regulation 2 above, as is in accordance with Article 9 of the Commission Regulation due to the Board.

Section 4 Evidence

For the purpose of any proceedings under these Regulations, an animal which is proved to have been marked in the prescribed manner shall be deemed to be an animal in respect of which a premium payment has been made unless the contrary is proved.

Section 5 Revocation

The Beef Premiums (Recovery Powers) Regulations 1978 are hereby revoked.