Compensation is payable only to the extent that such a contract could have been fulfilled from his existing manufacturing capacity; but is payable notwithstanding the existence of circumstances rendering him ineligible for the award of such a contract.

In determining the loss, regard shall be had to the profit which would have been made on such a contract and to the extent to which any manufacturing capacity was under-used.

No compensation is payable in respect of any failure to secure contracts for the supply of products to which the F1supplementary unregistered design is applied or in which it is incorporated otherwise than for the services of the Crown.

The amount payable shall, if not agreed between the holder of the F1supplementary unregistered design or licensee and the government department concerned with the approval of the Treasury, be determined by the F2design court on a reference under paragraph 5; and it is in addition to any amount payable under paragraph 2 or 3.

In the application of this paragraph to Northern Ireland, the reference in sub-paragraph (5) to the Treasury shall, where the government department concerned is a Northern Ireland department, be construed as a reference to the Department of Finance and Personnel.

In the application of this paragraph to Scotland, where the government department referred to in sub-paragraph (5) is any part of the Scottish Administration, the words “with the approval of the Treasury” in that sub-paragraph are omitted.