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SCHEDULE 1COMPENSATION

Part IIICOMPENSATION FOR TSE SUSCEPTIBLE ANIMALS SLAUGHTERED UNDER REGULATIONS 81 OR 82

Compensation for bovine animals

13.—(1) The following definitions apply for the purposes of this Part of this Schedule as it relates to compensation payable for bovine animals –

“closed herd” means a herd into which no female bovine animal has been introduced from any other herd since 15th October 1990;

“cull cows” means adult female bovine animals which have had one or more calves and which are being sold for immediate slaughter;

“exposed animal” means a bovine animal which has been exposed in any way to the infection of a TSE;

“herd” means –

(a)

all female bovine animals, which are in milk or in calf; and

(b)

all male bovine animals, which are or have been used for breeding purposes,

which are kept on the same holding, and are managed as a separate production unit at the time a notice confirming the Department’s intention to slaughter the animal is given to the keeper or other person in charge of the animal;

“market value” means –

(a)

in the case of a bovine animal aged 30 months or over, either–

(i)

the price which might reasonably have been obtained for it at the time of valuation from a purchaser in the open market if the animal were not affected or suspected of being affected with bovine spongiform encephalopathy or, as the case may be, were not an exposed animal or an offspring animal; or

(ii)

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

(b)

in the case of an animal 30 months old or under, the price which might reasonably have been obtained for it at the time of valuation from a purchaser in the open market if the animal were not affected or suspected of being affected with bovine spongiform encephalopathy or, as the case may be, were not an exposed animal or an offspring animal;

“replacement value” in relation to a female bovine animal means the value, at the time of valuation, of a bovine animal in its first lactation of the same breed and quality as the slaughtered bovine animal at the time of its valuation;

“return” means a document furnished to the Department by the person or persons operating a market at a place listed in sub-paragraph (2) which shows for a week ending on a Saturday the number of –

(a)

commercial grade cows and in-calf heifers, both of which are intended for use in the production of milk, sold at that market and the total sale price for such animals in that week at that market; and

(b)

cull cows for slaughter sold at that market and the total sale price for such animals in that week at that market;

“suspected animal” means a bovine animal which is suspected of being affected with bovine spongiform encephalopathy.

(2) A return shall be furnished to the Department within 7 days from the end of the week to which that return relates, by a person or persons operating a market in animals at any of the following places, that is to say –