The TSE (Scotland) Amendment (No. 2) Regulations 2006

Amendment of the TSE (Scotland) Regulations 2002

19.  In Schedule 7 (offspring slaughter)–

(a) For sub-paragraph 1(1) substitute–

“(1) For the purposes of this Schedule–

“bovine animal” includes bison and buffalo (including water buffalo);

“cattle passport” has the same meaning as in the Cattle Identification Regulations 1998(1);

“market value” means the price that might reasonably have been obtained for an individual animal at the time of valuation from a purchaser in the open market if the animal were not an offspring animal; and

“offspring animal” means a bovine animal born within two years prior to, or after, clinical onset of BSE in its dam.”.

(b) For paragraph 4 substitute–

“4.— (1) Where the Scottish Ministers cause an offspring animal to be slaughtered under paragraph 3 they shall pay compensation in accordance with the provisions of this paragraph.

(2) A pedigree animal is one for which a pedigree certificate has been issued by a breeders' organisation or association that fulfils the conditions of Council Decision 84/247/EEC laying down the criteria for the recognition of breeders' organisations and associations which maintain or establish herd-books for pure-bred breeding animals of the bovine species(2).

(3) Subject to sub-paragraphs (5) and (6), the compensation payable is the average price paid in Great Britain for that age and category of animal–

(a) for a pedigree animal, in the previous six months; and

(b) for any other bovine animal, in the previous month.

(4) The Scottish Ministers shall categorise animals as follows, and for the purposes of determining which category the animal falls into, the age of the animal is the age, as shown by its cattle passport, at the date on which the notice in Form OC2 was served.

Categories

Male	Female
Beef Sector – non-pedigree animal
Up to and including 3 months	Up to and including 3 months
Over 3 months up to and including 6 months	Over 3 months up to and including 6 months
Over 6 months up to and including 9 months	Over 6 months up to and including 9 months
Over 9 months up to and including 12 months	Over 9 months up to and including 12 months
Over 12 months up to and including 16 months	Over 12 months up to and including 16 months
Over 16 months up to and including 20 months	Over 16 months up to and including 20 months
Over 20 months–	Over 20 months–
Breeding bulls	Calved
Other	Not calved
Dairy Sector – non-pedigree animal
Up to and including 3 months	Up to and including 3 months
Over 3 months up to and including 6 months	Over 3 months up to and including 6 months
Over 6 months up to and including 12 months	Over 6 months up to and including 12 months
Over 12 months up to and including 16 months	Over 12 months up to and including 16 months
Over 16 months up to and including 20 months	Over 16 months up to and including 20 months
Over 20 months	Over 20 months–
	Calved Not calved
Beef Sector – pedigree animal
6 months up to and including 12 months	6 months up to and including 12 months
Over 12 months up to and including 24 months	Over 12 months up to and including 24 months
Over 24 months	24 months (not calved) Calved under 36 months Calved 36 months and over
Dairy Sector – pedigree animal
Up to and including 2 months	Up to and including 2 months
Over 2 months up to and including 12 months	Over 2 months up to and including 10 months
Over 12 months up to and including 24 months	Over 10 months up to and including 18 months
Over 24 months	Over 18 months (not calved) Calved under 36 months Calved 36 months and over.

(5) Where the Scottish Ministers consider that the data to calculate the average price is inadequate, they may pay compensation at–

(a) for animals in that category, the most recent previously calculated average price for which there was sufficient data to calculate the average price; or

(b) for the individual animal, the market value.

(6) For buffalo or bison, compensation is the market value.

(7) The market value shall, for the purposes of payment of compensation under this Schedule be determined–

(a) by agreement between the Scottish Ministers and the owner of the animal;

(b) failing agreement by an arbiter appointed jointly by the Scottish Ministers and the owner of the animal; or

(c) failing such agreement or appointment, by an arbiter appointed by the President of the Institute of Auctioneers and Appraisers in Scotland and the liability for the costs of the arbiter shall be determined by the arbiter.

(8) An arbiter appointed or nominated for the purpose of this paragraph shall give to the Scottish Ministers and the owner a certificate in writing of the value that arbiter has determined.

(9) Where an offspring animal is slaughtered as an offspring animal and was certified before slaughter by a veterinary surgeon as–

(a) requiring slaughter for emergency reasons relating to the welfare of the animal;

(b) not fit for human consumption by virtue of its condition; and

(c) having no market value as a consequence,

no compensation shall be payable for the animal under this paragraph.

(10) Where an offspring animal is slaughtered as an offspring animal and was certified in form OC 4 before slaughter by a veterinary surgeon as–

(a) requiring slaughter for emergency reasons relating to the welfare of the animal;

(b) not unfit for human consumption by virtue of its condition,

compensation shall be payable for the animal in accordance with the compensation payable under paragraph (3) above for a beef animal of the age of the animal slaughtered.

(11) Where a notice in Form OC 1 has been served on an offspring animal and the animal is slaughtered under section 17 of the Animal Health Act 1981(3) in its application to brucellosis or tuberculosis as an affected animal, an animal exposed to the infection of brucellosis or tuberculosis or an animal which is a reactor, within the meaning of the Brucellosis and Tuberculosis Compensation (Scotland) Order 1978(4) and the notice in Form OC 1 has been withdrawn by the time of such slaughter or is withdrawn at that time, the compensation payable for the animal shall be ascertained in accordance with the Order concerned.

(12) Where a notice in Form OC 1 has been served on an offspring animal and the animal is slaughtered under section 32 of the Animal Health Act 1981 in its application to the disease bovine spongiform encephalopathy as an animal affected or suspected of being affected with that disease, and the notice in Form OC 1 has been withdrawn by the time of such slaughter or is withdrawn at that time, the compensation payable for the animal shall be ascertained in accordance with the provisions of regulation 83 and Part III of Schedule 1 above.”.

(c) For paragraph 5 substitute–

“5.   The following forms shall be used for the purposes of this Schedule–

”

(d) Omit paragraphs 6 and 7.

(1)

S.I. 1998/871, as amended by S.S.I. 2001/445.

(2)

O.J. No. L 125, 12.05.84, p.58.

(3)

1981, c. 27.

(4)

S.S.I. 1978/1485, as amended by S.S.I. 1981/1448, 1996/1358 and 1998/2181.