The Fur Farming (Compensation Scheme) (England) Order 2004

Interpretation

2.—(1) In this Order—

“the 2002 Order” means the Fur Farming (Compensation Scheme) (England) Order 2002(1);

“the Act” means the Fur Farming (Prohibition) Act 2000;

“agricultural occupancy condition” means a condition either imposed or having effect under section 70 of the Town and Country Planning Act 1990(2) by virtue of which the occupation of a dwelling is limited to a category of persons which includes persons solely or mainly working in the locality for the purposes of agriculture;

“applicant” means a person claiming to be entitled to compensation in accordance with this Order and “application” shall be construed accordingly;

“asbestos” means amosite, crocidolite, chrysotile, fibrous actinolite, fibrous anthophyllite, fibrous tremolite and any mixture containing one or more of those minerals;

“associate” has the meaning ascribed to it in Schedule 1;

“determination as to amount” means a determination made by the Secretary of State under article 6 as to the amount of compensation payable to an entitled applicant;

“determination of entitlement” means a determination made by the Secretary of State under article 5 that an applicant is entitled to compensation under this Order;

“discounted replacement cost” means (in relation to an item of equipment) the reasonable cost of replacing that item less a reasonable allowance in respect of depreciation which—

(a)

takes into account both—

(i)

the age, condition and expected useful life of the item, and

(ii)

any other factors that are relevant, and

(b)

is arrived at in accordance with UK GAAP;

“entitled applicant” means a person in respect of whom a determination of entitlement has been made;

“equipment” includes—

(a)

equipment which is attached to any land or building (as well as equipment which is not),

(b)

specialised buildings, and

(c)

security installations;

“mink” means an animal of the species Mustela vison;

“non-qualifying business” means a business carried on (or formerly carried on) so far as it consists (or consisted) of activities other than keeping mink for one or more of the relevant purposes;

“professional fees” means any fees paid by an applicant to an accountant or to a surveyor or valuer (or both) in respect of the work carried out by them in preparing an application;

“qualifying business” means a business carried on (or formerly carried on) so far as it consists (or consisted) of keeping mink for one or more of the relevant purposes;

“reference date” means (in relation to a qualifying business) the date on which the last complete accounting period prior to the cessation of the qualifying business ended;

“reference period” means (in relation to a qualifying business) the period of five years ending on the reference date for that qualifying business;

“relevant planning gain” means any increase in the value of a restricted property which—

(a)

results from the removal of the agricultural occupancy condition from that property following the cessation of a qualifying business, and

(b)

is realised on the sale of the property within three years of the date on which the entitled person ceased to carry on his qualifying business;

“relevant purposes” means (in relation to the keeping of mink) the following purposes—

(a)

slaughter (whether by the keeper of the mink or by any other person) solely or primarily for the value of their fur, and

(b)

sale for such slaughter;

“restricted property” means any property—

(c)

in which an entitled person (or any associate of that entitled person) had a freehold or leasehold interest at any time between 23rd November 2000 and the date on which the entitled person ceased to carry on his qualifying business, and

(d)

which was subject to an agricultural occupancy condition at any time during that period;

“Secretary of State” means the Secretary of State for Environment, Food and Rural Affairs;

“security installation” means any device, fence or structure installed or erected in order to retain mink within an area or to exclude any trespassers from entering an area in which mink are kept or housed;

“specialised building” means any building or structure which—

(a)

has been used solely or primarily in a qualifying business, and

(b)

cannot reasonably be used for any other purpose; and

“UK GAAP” means generally accepted accounting practice in the United Kingdom.

(1)

S.I. 2002/221.

(2)

1990 c. 8. See also section 2(2) of the Planning (Consequential Provisions) Act 1990 (c. 11).