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

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This is the original version (as it was originally made).

article 4

SCHEDULE 3APPLICATION REQUIREMENTS

This schedule has no associated Explanatory Memorandum

Interpretation

1.  In this Schedule, “signed statement” means a statement which is either—

(a)signed by the applicant; or

(b)signed on the applicant’s behalf by a person with authority to bind the applicant.

Essential application information

2.—(1) An application shall be made in writing and shall contain the following—

(a)in the case of a sole trader, that person’s name and home address;

(b)in the case of a partnership, the names and home addresses of the partners;

(c)in the case of a body corporate—

(i)the body corporate’s registered name, place of registration, registered address and any registration number; and

(ii)the names and addresses of the directors and any controllers of the body corporate;

(d)the address of the applicant’s principal place of business and, if different, any address at which he kept mink for one or more of the relevant purposes within the last five years;

(e)the address to which any correspondence relating to the application should be sent;

(f)any trading name used by the applicant within the last five years;

(g)the date on which the applicant ceased to carry on his qualifying business;

(h)the reason for the applicant ceasing to carry on his qualifying business;

(i)the name and address of the applicant’s book-keeper or accountant (if any);

(j)the total amount claimed by the applicant in accordance with Schedule 6; and

(k)the net trading profits of the applicant’s qualifying business for each of the accounting periods comprising the reference period.

(2) The application shall as appropriate also contain the following information—

(a)the amount claimed by the applicant in accordance with each of Parts 3 to 8 of Schedule 6;

(b)any amount to be deducted in accordance with Part 9 of Schedule 6 from the compensation otherwise payable to the applicant;

(c)details of any theft or unlawful release of mink, criminal damage or other illegal activity adversely affecting the applicant’s net trading profits during that period;

(d)the amounts of any redundancy payments made to employees formerly engaged by the applicant, specifying in relation to each employee to whom redundancy payments were made–

(i)that employee’s date of birth and length of service,

(ii)the nature of the work for which he was formerly engaged, and

(iii)the reason why he was made redundant;

(e)an inventory of any equipment for which the applicant is claiming compensation in accordance with Part 5 of Schedule 6, specifying in relation to each item of equipment–

(i)the original cost of that item,

(ii)its age and expected useful life,

(iii)its current replacement cost,

(iv)its discounted replacement cost;

(v)details of any factors other than the age and expected useful life of the item taken into account when calculating its discounted replacement cost; and

(vi)the amount of any proceeds from the sale or disposal of that item;

(f)details of any work carried out in relation to the removal or disposal (or both) of asbestos from any specialised buildings, together with details of–

(i)any amounts paid by the applicant for that work and the names and addresses of any persons to whom such amounts were paid,

(ii)any such work carried out by the applicant, any of his employees or any of his associates, and

(iii)all estimates (numbering not less than three) obtained by the applicant for the work;

(g)details of any contractual liability sustained by the applicant as a result of having ceased to carry on a qualifying business;

(h)details of any professional fees incurred by the applicant;

(i)details of any property which is subject to an agricultural occupancy restriction and in which the applicant (or any associate of the applicant) had an interest at any time between 23rd November 2000 and the date on which the applicant ceased to carry on his qualifying business, together with details of–

(i)any relevant planning gain made in respect of that property prior to the date on which the application is made, and

(ii)details of any pending application to a local planning authority (as defined in section 1 of the Town and Country Planning Act 1990(1)) to have the agricultural occupancy restriction lifted; and

(j)any other information that the applicant considers to be relevant and material to his application.

(3) An application shall be accompanied by a signed statement that—

(a)the information contained in the application is true to the best of the applicant’s knowledge and belief;

(b)the applicant consents to the Secretary of State making such inquiries as she thinks fit in connection with the applicant’s application, including (without limitation)—

(i)inspection of the applicant’s business premises and records, and

(ii)obtaining information from the Inland Revenue, Customs and Excise and any local authority; and

(c)the applicant undertakes to inform the Secretary of State within one month of any new information (including any change of circumstances) coming to his knowledge, if—

(i)it is relevant and material to his application, and

(ii)it comes to his knowledge within six years of the date on which the application is made.

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