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The Fur Farming (Prohibition) (Northern Ireland) Order 2002

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Compensation for existing businesses

7.  (1)  The Department of Agriculture and Rural Development may by order make a scheme for the making of payments by it to persons in respect of losses (of any kind) incurred by them as a result of ceasing, by reason of the making or coming into operation of this Order, to carry on their businesses so far as they consist of activities prohibited by that Article 3.

(2) Before making a scheme under this Article, that Department shall consult such persons as appear to it to be likely to be entitled to payments under such a scheme and such organisations as appear it to represent such persons.

(3) A scheme shall, in particular—

(a)specify the losses in respect of which payments are to be made;

(b)specify the businesses in respect of which payments are to be made;

(c)specify the basis of valuation for determining losses;

(d)specify the amounts of payments to be made or the basis on which such amounts are to be calculated; and

(e)provide for the procedure to be followed (including the time within which claims must be made and the provision of information) in respect of claims under the scheme and for the determination of such claims.

(4) The scheme shall provide that payments shall not be made under the scheme in respect of a business which was first carried on after a date specified in the scheme.

(5) An order made under paragraph (1) may provide for any dispute as to a person’s entitlement to payments under the scheme, or the amount of any such payment, to be determined by the Lands Tribunal.

(6) Any order made under this Article shall be subject to negative resolution.

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