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Article 5

Original text. Later amendments are not shown.

(1)

The sums to be distributed shall be divided among those eligible to receive repayments as follows—

(a)

The liquidator shall apportion the assets applicable under section 5(1)(c) of the Act among those qualifying areas in respect of which claims which satisfy the requirements of Clause 3 have been made, according to the proportion which the balance of such a qualifying area's compensation fund on 31st December 1973 (as shown by the returns made pursuant to section 16(2) of the Licensing Act 1964) bears to the total of such balances.

(b)

The sum so apportioned to a qualifying area shall be divided equally among the qualifying premises in that area in respect of which claims which satisfy the requirements of Clause 3 have been made.

(c)

Where, in relation to qualifying premises, only one claim which satisfies the requirements of Clause 3 has been made, the liquidator shall pay to the person making the claim the sum applicable to those premises by virtue of paragraph (b).

(d)

Where, in relation to qualifying premises, more than one claim which satisfies the requirements of Clause 3 has been made, the liquidator shall divide the sum applicable to those premises by virtue of paragraph (b) among the persons making the claims so that—

(i)

a claimant who has paid rent to another claimant at any time during the qualifying period receives the percentage of that sum calculated by deducting from 100% the figure specified in the second column of Schedule 4 to the Licensing Act 1964 against the entry in the first column which represents that claimant's unexpired term on 1st October 1981, and the remainder is divided equally among the other claimants;

(ii)

where no claimant has paid rent to another claimant that sum is divided equally among all the claimants.

(2)

Nothing in paragraphs (b), (c) and (d) of this Clause shall prejudice the duty imposed on the liquidator by section 9(5) of the Act.