2. In Part II of Schedule 2 to the principal Order, in paragraph 12A(1) —
(a)in sub-paragraph (2)(a) for the words from “D is the average price” to the end there shall be substituted—
“D is the average price paid during the calculation month for cull cows slaughtered in accordance with Commission Regulation (EC) 716/96 adopting exceptional support measures for the beef market in the United Kingdom(2);”;
(b)in sub-paragraph (2)(b)(i) and (ii) the words “or for cull cows, as the case may be,” shall be deleted in each place where they occur;
(c)in sub-paragraph (3) after the words “sale price” there shall be inserted “(and in the case of cull cows, the average price)”;
(d)in sub-paragraph (4) for the definition of “market value” there shall be substituted the following definition—
““market value” means—
in the case of an animal over 30 months old, either—
the price which might reasonably have been obtained for it at the time of valuation in accordance with Article 13 of the Bovine Spongiform Encephalopathy (Northern Ireland) Order 1995(3) from a purchaser in the open market if the animal were not affected or suspected of being affected with bovine spongiform encephalopathy; or
the price which would have applied had the animal been slaughtered in accordance with Commission Regulation (EC) No. 716/96 adopting exceptional support measures for the beef market in the United Kingdom,
whichever is the higher, and
in the case of an animal 30 months old or under, the price which might reasonably have been obtained for the animal at the time of valuation in accordance with Article 13 of the Bovine Spongiform Encephalopathy Order (Northern Ireland) 1995 from a purchaser in the open market if the animal were not affected or suspected of being affected with bovine spongiform encephalopathy;”.
Paragraph 12A as substituted by S.R. 1995 No. 273
O.J. No. L99, 19.4.96, p. 14