Explanatory Notes

Fur Farming (Prohibition) (Scotland) Act 2002

2002 asp 10

11 April 2002

The Act

Section 5: Compensation for affected businesses

23.Section 5(1) enables the Scottish Ministers to establish by order made by statutory instrument a scheme for paying compensation to fur farmers who incur specified losses as a result of the prohibition of fur farming.

24.Section 5(2) specifies what must be covered within any compensation scheme (if made). For example, any scheme must specify the businesses and losses in respect of which payments are to be made, the basis of valuation for determining losses and the procedure to be followed.

25.Section 5(3) allows the order establishing the scheme to provide for any dispute as regards a person’s entitlement to compensation or the amount thereof to be determined by the Lands Tribunal for Scotland, on such basis and subject to such procedure as may be specified in the order.

26.Section 5(4) provides that the Scottish Ministers must consult any persons that they consider may be entitled to payment under the scheme and such organisations as appear to them to represent those persons before making the scheme.

27.Section 5(5) provides that any order making the scheme shall be subject to negative resolution procedure, that is annulment in pursuance of a resolution of the Scottish Parliament.