Discretionary Business Rate Relief Policy

Appendix A - Clawback and Termination Events

The following Clawback and Termination Events apply to this Policy:

  • There is any change in the Applicant's legal status and such a change is likely to adversely affect the LBRRD; or
  • Any claim and/or report submitted by the Applicant does not properly comply with the requirements detailed in this Policy; or
  • Any information supplied by the Applicant under or in connection with the LBRRD proves to be materially incorrect or misleading; or
  • The Applicant does not comply with or observe any condition of this Policy; or
  • The assistance exceeds European Community State Aid limits to the extent that any LBRRD paid should not have been paid.
  • A decision of the European Commission or of the European Court of Justice requires payment to be withheld or recovered; or
  • There is an unsatisfactory report from the auditors. This will be the case if the auditors
    • refer to a fundamental uncertainty, a disagreement or a limitation to their opinion, or
    • if the auditors are unable to form an opinion; or
    • if they report that the statement of grant does not give a true and fair view; or
    • There is any evidence of irregularity, impropriety or negligence in connection with a LBRRD application; or
  • If:
    • the Applicant, being an individual, an incorporated or an unincorporated body:
      •  becomes bankrupt, has a receiving order or administration order made against it,
      • makes any composition or arrangement for the benefit of creditors,
      • makes any conveyance or assignment for the benefit of creditors or purports to do so, or
      • is the subject of an application under the Insolvency Act 1986 (or superseding legislation) for the sequestration of the Applicants estate or of a trust on behalf of the Applicant's creditors; or
    • the Applicant, being an unincorporated body is dissolved; or
    • the Applicant, being an incorporated body
      • passes a resolution that the Applicant should be wound up,
      • is ordered by the High Court to be wound up,
      • has an administrator appointed by order of the Court,
      • has an administrative receiver appointed, or
      • being a company is struck from the register at Companies House.