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You are here: BAILII >> Databases >> United Kingdom Statutory Instruments >> The Fur Farming (Compensation Scheme) (England) Order 2004 No. 1964 URL: https://www.bailii.org/uk/legis/num_reg/2004/20041964.html |
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Made | 23rd July 2004 | ||
Laid before Parliament | 27th July 2004 | ||
Coming into force | 31st August 2004 |
(b) is arrived at in accordance with UK GAAP;
Compensation
3.
The Secretary of State shall pay compensation in accordance with the following provisions of this Order to any applicant who satisfies her that -
(b) not later than 31st December 2002, he had ceased, by reason of the enactment or coming into force of section 1 of the Act, to carry on his qualifying business; and
(c) as a result, he has incurred any income losses or non-income losses (or both) of the kind specified in Schedule 2.
Application for compensation
4.
Schedule 3 shall apply in relation to an application.
Determination of entitlement to compensation
5.
- (1) Schedule 4 shall apply in relation to a determination of entitlement.
(2) The Secretary of State shall make a determination of entitlement in respect of any applicant where, on the basis of the information provided in that applicant's application and any other relevant information available to her, it appears to her that he fulfils the requirements set out in article 3.
(3) The Secretary of State shall also make a determination of entitlement in respect of an applicant if either -
(b) she is satisfied that the person in respect of whom the determination of entitlement was made does not fulfil the requirements set out in article 3.
(5) Where the Secretary of State either -
she may, if she is satisfied that the person fulfils the requirements set out in paragraphs (a) and (b) of article 3, make a payment to that person in respect of any reasonable professional fees paid by him.
Determination as to amount
6.
- (1) Schedule 5 shall apply in relation to a determination as to amount.
(2) The Secretary of State shall make a determination as to amount in respect of an entitled applicant specifying the amount which, on the basis of the information provided in that entitled applicant's application and any other relevant information available to her, she considers is due to that entitled applicant in accordance with the provisions of Schedule 6.
(3) The Secretary of State may revise a determination as to amount either -
(b) she is satisfied that the amount payable to the person in respect of whom the determination as to amount was made is different from the amount specified in the determination as to amount.
the Secretary of State shall specify in her revised determination as to amount that the amount of compensation payable to that person is zero.
(9) A determination as to amount made in respect of any person whose determination of entitlement is revoked in accordance with article 5(4) shall automatically be revoked.
Payment of compensation
7.
- (1) The Secretary of State shall, within six weeks of the date on which she receives written notification under paragraph 4(1) of Schedule 5 or paragraph 7(1) of Schedule 5 (as the case may be) that a determination as to amount has been accepted, pay to the person in respect of whom it was made the amount specified in the determination as to amount.
(2) If, after nine months has elapsed from the date on which the Secretary of State first notifies an entitled applicant in accordance with paragraph 1(b) of Schedule 5 or paragraph 3 of Schedule 5 (as the case may be) of her determination as to amount, the Secretary of State has not received written notification under paragraph 4(1) of Schedule 5 or paragraph 7(1) of Schedule 5 (as the case may be) from that entitled applicant as to whether or not he accepts the determination as to amount, the Secretary of State may pay to the entitled applicant the amount specified in the determination as to amount.
Recovery of any overpayment
8.
- (1) Subject to paragraph (3), where a determination of entitlement is revoked by the Secretary of State in accordance with article 5(4), the amount paid to that person by the Secretary of State under article 7 shall immediately become payable to the Secretary of State by the person in respect of whom the determination of entitlement had been made.
(2) Subject to paragraph (3), where a determination as to amount is revised by the Secretary of State in accordance with article 6(5) and the amount specified in the revised determination as to amount ("the revised amount") is less than the amount specified in the original determination as to amount ("the original amount"), the difference between the original amount and the revised amount shall immediately become payable to the Secretary of State by the person in respect of whom the determination as to amount had been made.
(3) The Secretary of State shall not take any steps to enforce payment of any amount payable to her under this article until the procedures set out in Schedule 4 or Schedule 5 (as the case may be) have been exhausted.
Power to extend time limits
9.
- (1) The Secretary of State may, if she thinks fit in a particular case, extend any of the time limits provided for in the following provisions of this Order -
(2) The Secretary of State may extend a time limit in accordance with paragraph (1) even if it has already expired.
Transitional provisions for applications made under the 2002 Order
10.
- (1) Any application made in accordance with the 2002 Order shall be treated as if it had been made in accordance with this Order.
(2) Any payment made to an entitled applicant pursuant to article 6(a) of the 2002 Order shall be deemed to comprise part of the determination of amount under this Order.
(3) Where paragraph (1) applies, the application shall be deemed to have been made and received by the Secretary of State on the date of coming into force of this Order.
Revocation of the 2002 Order
11.
The 2002 Order is revoked.
Ben Bradshaw
Parliamentary Under Secretary of State Department for Environment, Food and Rural Affairs
23rd July 2004
(b) in relation to a body corporate -
(c) in relation to any person, the spouse or any of the relatives of any of the natural persons identified as associates elsewhere in this definition;
(2) For the purposes of the definition specified in paragraph (1) -
3.
Non-income losses shall be excluded for the purposes of paragraph 2 to the extent that -
Essential application information
2.
- (1) An application shall be made in writing and shall contain the following -
(d) the address of the applicant's principal place of business and, if different, any address at which he kept mink for one or more of the relevant purposes within the last five years;
(e) the address to which any correspondence relating to the application should be sent;
(f) any trading name used by the applicant within the last five years;
(g) the date on which the applicant ceased to carry on his qualifying business;
(h) the reason for the applicant ceasing to carry on his qualifying business;
(i) the name and address of the applicant's book-keeper or accountant (if any);
(j) the total amount claimed by the applicant in accordance with Schedule 6; and
(k) the net trading profits of the applicant's qualifying business for each of the accounting periods comprising the reference period.
(2) The application shall as appropriate also contain the following information -
(e) an inventory of any equipment for which the applicant is claiming compensation in accordance with Part 5 of Schedule 6, specifying in relation to each item of equipment-
(f) details of any work carried out in relation to the removal or disposal (or both) of asbestos from any specialised buildings, together with details of-
(g) details of any contractual liability sustained by the applicant as a result of having ceased to carry on a qualifying business;
(h) details of any professional fees incurred by the applicant;
(i) details of any property which is subject to an agricultural occupancy restriction and in which the applicant (or any associate of the applicant) had an interest at any time between 23rd November 2000 and the date on which the applicant ceased to carry on his qualifying business, together with details of-
(j) any other information that the applicant considers to be relevant and material to his application.
(3) An application shall be accompanied by a signed statement that -
(c) the applicant undertakes to inform the Secretary of State within one month of any new information (including any change of circumstances) coming to his knowledge, if -
(b) make a determination of entitlement in respect of the applicant and notify the applicant in writing that she has done so; or
(c) notify the applicant in writing that his application has been unsuccessful, specifying the reasons why she considers that the applicant does not fulfil the requirements set out in article 3.
Request for further information
2.
If the Secretary of State makes a written request for further information in accordance with paragraph 1(a), the applicant shall, within three months from the date on which the request is made, provide -
3.
The Secretary of State shall, within three months of the date on which either she receives the information requested in accordance with paragraph 1(a) or the date on which the period referred to in paragraph 2 expires (as the case may be), either -
Reconsideration of initial decision
4.
- (1) If the Secretary of State does not make a determination of entitlement in respect of an applicant and notifies him in accordance with paragraph 1(c) or paragraph 3(b) (as the case may be) that his application has been unsuccessful, the applicant may, within three months of the date on which the Secretary of State so notifies him, request the Secretary of State to reconsider her decision.
(2) If the Secretary of State revokes a determination of entitlement and notifies the person in respect of whom the determination of entitlement had been made in accordance with article 5(4) that she has done so, the applicant may, within three months of the date on which the Secretary of State so notifies him, request the Secretary of State to reconsider her decision.
(3) A request for reconsideration made in accordance with sub-paragraph (1) or sub-paragraph (2) -
5.
The Secretary of State shall, within three months of the date on which she receives a request for reconsideration made in accordance with paragraph 4(1) or paragraph 4(2) (as the case may be), either -
Dispute resolution
6.
If the Secretary of State -
the person in respect of whom the declaration of entitlement had been made or the applicant (as the case may be) may, within one month of the date on which the Secretary of State so notifies him, give notice to the Secretary of State in writing that he disputes the determination of his entitlement to compensation under this Order.
7.
If a person in respect of whom a declaration of entitlement has been made and subsequently revoked or an applicant (as the case may be) gives notice in accordance with paragraph 6, he and the Secretary of State may agree in accordance with section 5(5) of the Act to refer the dispute to arbitration, conducted in such manner as may be agreed between them.
(b) make a determination as to the amount in respect of the entitled applicant and notify him in writing that she has done so, specifying-
Request for further information
2.
If the Secretary of State makes a written request for further information in accordance with paragraph 1(a), the entitled applicant shall, within three months from the date on which the request is made, provide -
3.
The Secretary of State shall, within three months of the date on which either she receives the information requested in accordance with paragraph 1(a) or the date on which the period referred to in paragraph 2 expires (as the case may be), make a determination as to amount in respect of the entitled applicant and notify him in writing that she has done so, specifying -
Acceptance of determination
4.
- (1) An entitled applicant shall, within three months from the date on which the Secretary of State makes a determination as to amount in accordance with paragraph 1(b) or paragraph 3 (as the case may be), notify the Secretary of State in writing as to whether or not he accepts that determination.
(2) A person in respect of whom a revised determination as to amount is made in accordance with article 6(5) shall, within one month from the date on which the Secretary of State notifies him of her revised determination as to amount in accordance with article 6(7), notify the Secretary of State in writing as to whether or not he accepts that revised determination.
Reconsideration of initial decision
5.
- (1) If an entitled applicant does not accept the determination as to amount made in respect of him, he may, within three months of the date on which the Secretary of State notifies him of her determination as to amount, request the Secretary of State to reconsider her decision.
(2) If a person in respect of whom a revised determination as to amount is made in accordance with article 6(5) does not accept that revised determination, he may, within one month of the date on which the Secretary of State notifies him in accordance with article 6(7) of her revised determination as to amount, request the Secretary of State to reconsider her decision.
(3) A request for reconsideration made in accordance with sub-paragraph (1) or sub-paragraph (2) -
6.
- (1) The Secretary of State shall, within three months of the date on which she receives a request for reconsideration made in accordance with paragraph 5(1) either -
(b) confirm the determination as to amount she made in accordance with paragraph 1(b) or paragraph 3 (as the case may be) and notify the entitled applicant in writing that his request for reconsideration has been unsuccessful, specifying the reasons why she has not revised her determination as to amount.
(2) The Secretary of State shall, within three months of the date on which she receives a request for reconsideration made in accordance with paragraph 5(2), either -
(b) confirm her revised determination as to amount made in accordance with article 6(5) and notify the entitled applicant in writing that his request for reconsideration has been unsuccessful, specifying the reasons why she has not further revised her determination as to amount.
Acceptance of determination following reconsideration
7.
- (1) An entitled applicant shall, within one month from the date on which the Secretary of State -
notify the Secretary of State as to whether or not he accepts that determination or revised determination (as the case may be).
(2) A person in respect of whom a revised determination as to amount had been made shall, within one month from the date on which the Secretary of State -
notify the Secretary of State as to whether or not he accepts that revised determination or further revised determination (as the case may be).
Dispute resolution
8.
- (1) If an entitled applicant does not accept a determination as to amount which has been, as the case may be -
he may, within one month of the date on which the Secretary of State notifies him of her decision, give notice to the Secretary of State in writing that there is a dispute to be resolved between them regarding the amount of compensation payable to him under this Order.
(2) If a person in respect of whom a revised determination as to amount has been made in accordance with article 6(5) does not accept a revised determination as to amount which has been, as the case may be-
he may, within on month of the date on which the Secretary of State notifies him of her decision, give notice to the Secretary of State in writing that there is a dispute to be resolved between them regarding the amount of compensation payable to him under this Order.
9.
If an entitled applicant or a person in respect of whom a revised determination as to amount is made in accordance with article 6(5) gives notice in accordance with paragraph 8(1) or 8(2), he and the Secretary of State may agree in accordance with section 5(5) of the Act to refer the dispute to arbitration, conducted in such manner as may be agreed between them.
G equals the amount (if any) calculated in accordance with Part 9 of this Schedule, to be deducted from any compensation payable to the entitled applicant in respect of any relevant planning gain made by the entitled applicant or by any associate of the entitled applicant.
No compensation for excluded or other losses
3.
Compensation shall not be payable in respect of any losses other than those specified in Schedule 2.
4.
Compensation shall not be payable in respect of any non-income loss which is excluded for the purposes of paragraph 2 of Schedule 2 by virtue of paragraph 3 of that Schedule.
(b) for each accounting period, the net trading profits of the qualifying business shall be the net trading profits of that business assessed in accordance with UK GAAP;
(c) where, during an accounting period, a business carried on by an entitled applicant consisted partly of a qualifying business and partly of a non-qualifying business, the net trading profits of the qualifying business for that accounting period shall exclude any element of revenue or costs so far as it related to the non-qualifying business; and
(d) where, in any accounting period, any revenue or costs related partly to a qualifying business and partly to a non-qualifying business, such revenue or costs shall be apportioned between the qualifying business and the non-qualifying business in accordance with -
Change of accounting date during reference period
7.
Where the accounting date for an entitled applicant's qualifying business changed during the reference period and one or more accounting periods during the reference period were more or less than a year in length, the Secretary of State shall, subject to paragraphs 8 and 9, calculate P for the purposes of paragraph 5 on the basis of the average net trading profits of the qualifying business arrived at in accordance with paragraph 6 but by using a reasonable estimate of what the net trading profits for any such accounting period would have been had it been a year in length instead of the actual net trading profits for that accounting period.
Accounting periods affected by illegal activity
8.
The Secretary of State may, if she thinks fit in a particular case, exclude an accounting period from the calculation of the average net trading profits of a qualifying business in accordance with paragraph 6, where -
9.
Where an accounting period is excluded in accordance with paragraph 8, the Secretary of State shall calculate P for the purposes of paragraph 5 on the basis of the average net trading profits of the qualifying business arrived at in accordance with paragraph 6 but by using a reasonable estimate of what the net trading profits for the excluded accounting period would have been but for the illegal activity on the basis of which it was excluded instead of the actual net trading profits for that accounting period.
11.
- (1) No payment shall be made to an entitled applicant in respect of any redundancy payment which -
(b) is recoverable from any other source.
(2) The Secretary of State may, if she thinks fit in an appropriate case, waive any exclusion that would otherwise operate by virtue of sub-paragraph (1)(a).
(b) a reasonable amount (which shall not exceed the amount that would have been payable for that work in accordance with sub-paragraph (a) ) for the work carried out, where the removal or disposal (or both) are wholly or partly carried out by one or more of the following -
15.
Any amount payable in accordance with paragraph 14(a) shall be limited to the amount of the lowest estimate obtained by the entitled applicant from any person for the work of removing and disposing of any asbestos from specialised buildings, unless the Secretary of State is satisfied that it was reasonable in all of the circumstances for the entitled applicant to engage someone other than the person who provided the lowest estimate.
17.
- (1) No payment shall be made to an entitled applicant in accordance with paragraph 16 -
(2) The Secretary of State may, if she thinks fit in an appropriate case, waive any exclusion that would otherwise operate by virtue of sub-paragraph (1)(a).
[2] 2000 c.33. See section 6 for the definition of "appropriate authority".back
[4] 1990 c. 8. See also section 2(2) of the Planning (Consequential Provisions) Act 1990 (c. 11).back
[10] S.I. 1992/3067 as amended by S.I. 1999/2373, S.I. 1999/2977 & S.I. 2003/1889.back
© Crown copyright 2004