The Brucellosis and Tuberculosis Compensation (Scotland) Amendment Order 1996

Amendment of the Brucellosis and Tuberculosis Compensation (Scotland) Order 1978

2.—(1) The Brucellosis and Tuberculosis Compensation (Scotland) Order 1978(1) shall have effect subject to the following amendments.

(2) For paragraph (4) of article 3 (compensation for and ascertainment of value of bovine animals slaughtered for brucellosis or tuberculosis) there shall be substituted the following paragraph:–

“(4) For the purposes of this article, the market value means–

(a) in the case of a bovine animal over 30 months old, 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 had been in an accredited herd, or were not an affected animal or a reactor, or, in the case of an animal exposed to brucellosis, had not been so exposed; or

(ii) the purchase 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(2),

whichever is the higher.

(b) in the case of a bovine animal under 30 months old, 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 had been in an accredited herd, or were not an affected animal or a reactor or, in the case of an animal exposed to brucellosis, had not been so exposed.”.

(3) After article 5 (revocation) there shall be added the following article:–

“Saving

6.   In relation to those bovine animals for which compensation has been calculated under the provisions of this Order prior to 23rd May 1996, that calculation shall continue to apply.”.

(1)

S.I. 1978/1485; amended by S.I. 1981/1448.

(2)

O.J. No. L99, 19.4.96, p.14.