Fur Farming (Compensation Scheme) (England) Order 2002

PART VI— QUALIFYING CLEARANCE COSTS

Compensation for qualifying clearance costs

15.  The amount payable to an entitled applicant in respect of any qualifying clearance costs incurred by him shall be the total of—

(a) subject to paragraph 16 below, any reasonable amount paid by the entitled applicant to any person (other than an associate of the entitled applicant) in respect of the removal or disposal (or both) of asbestos from specialised buildings, if the use to which the asbestos was being put immediately prior to its removal or disposal—

(i) was not prohibited by the Asbestos (Prohibitions) Regulations 1992(1), but

(ii) would have been prohibited by the Asbestos (Prohibitions) Regulations 1992 if that use had commenced at the time the removal or disposal (as the case may be) took place; and

(b) a reasonable amount (which shall not exceed the amount that would have been payable for that work in accordance with sub-paragraph (a) above) 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—

(i) the entitled applicant;

(ii) an employee of the entitled applicant; or

(iii) an associate of the entitled applicant.

16.  Any amount payable in accordance with paragraph 15(a) above 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 Minister 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.

(1)

S.I. 1992/3067, as amended by S.I. 1999/2373 and S.I. 1999/2977.