5Compensation for affected businesses

(1)The Scottish Ministers may by order make a scheme for the making of payments by them to persons in respect of losses (of any kind) incurred by such persons as a result of ceasing, by reason of the enactment or coming into force of section 1, to carry on their businesses so far as they consist of activities prohibited by that section.

(2)Any such scheme must, 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,

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

and may make different provision for different cases or descriptions of case.

(3)The order making any such scheme 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 for Scotland on such basis and subject to such procedure as the order may specify.

(4)Before making any such scheme, the Scottish Ministers must consult such persons as they consider may be entitled to payment under the scheme and such organisations as appear to them to represent such persons.

(5)Any order made under this section is to be made by statutory instrument and is subject to annulment in pursuance of a resolution of the Scottish Parliament.