Exceptions
10.—(1) 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 price.
(2) For buffalo or bison, compensation is the market price.
(3) The market price is the price that might reasonably have been obtained for the individual animal from a purchaser in the open market at the time of valuation if the animal was not required to be killed under this Schedule, calculated in accordance with regulation 11 and any fee for nominating the valuer and the valuer’s fee shall be payable by the Scottish Ministers.