Chapter 1: New Financial Assistance Powers Section 3: Financial assistance: checking, enforcing and monitoring
Section 3 provides the Secretary of State with the power, to make regulations to check, enforce and monitor the conditions of financial assistance provided under section 1 in this Act.
	Subsection (1) sets out that regulations made under this section should be in connection with the provisions of subsections (1)(a), (1)(b), (1)(c) and (1)(d).
	Subsection (1)(a) sets out that regulations made under this section may make provision for checking eligibility criteria, and the consequences, where financial assistance has already been given, of those criteria not being met. These checks can be before or after receipt of financial assistance. For example, it might be necessary to check that an applicant for financial assistance for a scheme to protect a particular natural habitat has control of land that includes that particular habitat.
	Subsection (1)(b) sets out that regulations made under this section may make provision for enforcing compliance with conditions as provided for by section 2.
	Subsection (1)(c) sets out that regulations made under this section may make provision for monitoring to what extent the purposes as provided in subsections 1 and 2 of section 1 are met.
	Subsection (1)(d) sets out that regulations under this section may make provision for the Secretary of State to investigate cases of suspected offences in connection with financial assistance. For example, where checks made under the provisions in subsections (1)(a), (1)(b) and (1)(c) reveal possible fraud offences concerning use of financial assistance given, the Secretary of State may investigate suspected fraud in relation to a potential prosecution under the Fraud Act 2006.
	Subsection (2) sets out a list of enforcement options that regulations made under subsection (1) of this section may provide. This list is not exhaustive, and the regulations may be made for any of the purposes set out in subsection (1).
	Subsections (2)(a) to (j) list some of the types of enforcement option that may be included within the regulations. These include provisions about the information that must be provided to assist with enforcement, powers of entry, inspection, search and seizure, record keeping requirements, and how eligibility criteria and conditions of financial assistance will be checked. It also includes provisions concerning the consequences if conditions of financial assistance are not met, including recovery of money that has been paid, suspending someone from a scheme and imposing monetary penalties. There is also the power to make regulations conferring functions to others and to establish a mechanism for appealing against decisions.
	Subsection (3) specifies that powers included in regulations created under subsection (1) may not authorise entry to premises used wholly or mainly as private dwellings without a warrant issued by a justice of the peace. Private dwellings are defined in section 51 as to include any gardens, yards, garages and outhouses enjoyed with such a structure.
	Subsection (4) expands on provisions made under subsection (2)(f) to include provision for interest on any recoverable amount to be payable from such a day (whether the day on which financial assistance was given or a later day) as may be provided for in, or determined under, the regulations. The words ‘determined under’ allow for the regulations to set out a mechanism for a decision to be made on a case by case basis.
	Subsection (5) specifies that regulations made under this section are subject to the affirmative resolution procedure.
	Subsection (6) provides a definition for the use of the word "specified" for use in this section.