Title, commencement and extent

1. These Regulations may be cited as the Milk and Milk Products (Pupils in Educational Establishments) (England) Regulations 2001, shall come into force on 8th April 2001, and shall extend to England.

Interpretation

2. In these Regulations, unless the context otherwise requires—

• “applicant” means an applicant as described in Article 6, and approved in accordance with Articles 7, 8 and (where applicable) 9, of the Commission Regulation;

• “the Commission Regulation” means Commission RegulationCouncil RegulationCommunity aid for supplying milk and certain milk products to pupils in educational establishments ;

• “Community aid” means Community aid granted pursuant to Article 14(1), as amended , of the Council Regulation, and in accordance with the applicable rules and requirements, and subject to the applicable conditions, contained in the Commission Regulation;

• “the Council Regulation” means Council Regulation

• “the Minister” means the Minister of Agriculture, Fisheries and Food.

Additional payments under Article 14(2) of Regulation 1255/1999

3. —(1) Subject to paragraph (2) below, where an applicant is in receipt of Community aid, the Minister may, in accordance with the provisions of Article 14(2), as amended , of the Council Regulation, as read with the Commission Regulation, pay that applicant an amount in addition to that Community aid.

(2) For the purposes of the following provisions of the Commission Regulation (which apply to payments of Community aid)—

(a) Article 2(1) and (2) (beneficiaries);

(b) Article 2(3), first sub-paragraph (written commitments made by certain classes of applicant);

(c) Articles 8 (excluding, in sub-paragraph (b), the words following the reference to Article 2) and 9 (written commitments made by applicants generally);

(d) Article 10 (possibility for approval of an applicant to be suspended or withdrawn);

(e) Article 11 (conditions governing applications for payment);

(f) Article 12 (conditions governing payment);

(g) Article 13 (possibility of payment in advance);

(h) Article 14 (policing),

an application for aid to be paid under paragraph (1) above shall be treated as if it were an application for Community aid, and any sum payable or paid under paragraph (1) above shall be treated as if it were payable or paid by way of Community aid.

Withholding or recovery

4. —(1) Where the Minister reasonably believes that an applicant has received from him Community aid or a payment under regulation 3 above to either (or both) of which he was not entitled, or is in breach of any commitment given by him as a condition of such Community aid or of a payment under that regulation, he may—

(a) withhold the whole or any part of such aid or payment that he might otherwise have made; or

(b) recover on demand the whole or any part of any such aid or payment already made by him.

(2) Before taking any action under paragraph (1) above, the Minister shall—

(a) give to the applicant in question a written explanation of the reasons for the action he proposes to take;

(b) afford that applicant the opportunity of making written representations within such time as he considers reasonable; and

(c) consider any such representations.

5. In any case where an amount falls to be paid to the Minister by virtue of (or by virtue of action taken under) these Regulations, the amount so falling to be paid shall be recoverable as a debt.