4.—(1) Where an animal is killed under paragraph 3, the Scottish Ministers must pay compensation.
(2) The compensation is the market value of the animal at the time it is killed.
(3) For the purposes of this paragraph, the market value—
(a)must be calculated in accordance with the procedure in regulation 11;
(b)must be the price that would reasonably be expected to have been obtained for the animal from a buyer in the open market at the time of the valuation; and
(c)on the assumption that the animal was not from a group affected by a TSE.
(4) Where the owner and the Scottish Ministers cannot agree on a market value, the valuation must be carried out in accordance with the procedure laid down in regulation 11(3) to (8), with the owner paying any valuation fee arising.