Agriculture (Miscellaneous Provisions) Act 1963

13 Seizure of carcases, etc. liable to spread disease

(1) The Ministers may by order make such provision for the seizure of carcases, fodder, litter, eggs or fertilisers and the destruction, burial, disposal or (treatment of anything seized under the order as they may think expedient for preventing the spread of any disease to which this section applies.

(2) The Minister shall pay compensation—

(a) for anything seized under such an order for the purpose of preventing the spread of foot-and-mouth disease;

(b) for anything seized under such an order for the purpose of preventing the spread of any other disease to which this section applies, except the carcase of any animal or bird affected with that disease.

(3) The Ministers may by order provide for the payment by the Minister of compensation for carcases seized as aforesaid of animals or birds affected with any disease to which this section applies other than foot-and-mouth disease or fowl pest.

In this subsection " fowl pest" means fowl pest in any of its forms, including Newcastle disease and fowl plague.

(4) The compensation payable under subsection (2) or subsection (3) of this section for anything seized shall be the value thereof at the time of the seizure.

(5) Where anything destroyed, buried or disposed of under an order made under paragraph (v) of section 11 of the Diseases of Animals Act 1950 (which relates to infected places and areas) could have been seized under an order made under subsection (1) of this section, the Minister shall pay the like compensation (if any) therefor as if it had been so seized at the time of the destruction, burial or disposal.

(6) This section applies to the diseases in the case of which powers of slaughter are exercisable under the Diseases of Animals Act 1950, that is to say.—

(a) to cattle plague, pleuro-pneumonia, foot-and-mouth disease and swine-fever, and any disease, within the meaning of section 17 of that Act, to which that section for the time being applies ; and

(b) to any disease as defined in relation to poultry by or under section 84(3) of that Act.

(7) The Ministers may make such orders as they think fit for all or any of the following purposes—

(a) for prescribing how the value of anything seized under this section is to be ascertained;

(b) for regulating applications for, and the mode of payment of, any compensation payable by virtue of this section ;

(c) for prescribing and regulating the destruction, burial or disposal of anything seized under this section.

(8) This section shall be construed as one with the Diseases of Animals Act 1950 ; and in relation to any disease with respect to which functions under that Act in its application to Scotland are for the time being exercisable by the Secretary of State, there shall be substituted—

(a) in the application of this section to England and Wales, for references to the Ministers references to the Minister; and

(b) in its application to Scotland, for references to the Minister or to the Ministers, references to the Secretary of State.