The Bovine Spongiform Encephalopathy Compensation Order 1996

Compensation for exposed animals slaughtered for bovine spongiform encephalopathy

4.—(1) Where the Minister causes an exposed animal to be slaughtered under the powers conferred on him by section 32(1) of the Animal Health Act 1981 in its application to bovine spongiform encephalopathy, the compensation payable by him shall be an amount equal to–

(a) in the case of a female animal, 90 per cent of the replacement value of the animal calculated in accordance with paragraph (2) below, or, if higher, the market value of the animal; and

(b) in the case of a male animal, the market value of the animal,

enhanced, where the Minister causes 10 per cent of more of a herd to be slaughtered as exposed animals, by a percentage calculated in accordance with Schedule 2 to this Order.

(2) For the purposes of paragraph (1)(a) above the replacement value of a bovine animal is the value, at the time of valuation, of an animal in its first lactation of the same breed and quality as that animal.

(3) For the purposes of paragraph (1) above and Schedule 2 to this Order, “herd” means the bovine animals kept on a holding which–

(a) in the case of female animals, are in milk or in calf; and

(b) in the case of male animals, have been used for breeding purposes,

and are managed as a separate production unit at the time of service of a notice in Form D under article 7(1) of the Bovine Spongiform Encephalopathy (No. 2) Order 1996(1).

(4) In ascertaining the percentage of a herd slaughtered for the purpose of calculating any enhancement under paragraph (1) above, animals slaughtered under any voluntary slaughter scheme introduced in relation to exposed animals shall be included in the calculation as if they were animals caused to be slaughtered by the Minister.

(5) The replacement value or market value, as the case may be, of a bovine animal which the Minister causes to be slaughtered shall, for the purposes of payment of compensation under this Order, be determined–

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

(b) by a valuer appointed by the Minister; or

(c) by agreement between two valuers, one appointed by the Minister and one by the owner of the animal.

(6) In the absence of agreement under paragraph (5)(a) or (c) above, or where the owner of the animal does not accept the valuation under paragraph (5)(b) above, the replacement value or market value, as the case may be, of the animal shall be determined by a valuer, acting as an independent expert, nominated by the President of the Royal Institution of Chartered Surveyors.

(7) A valuer appointed under paragraph (5) above or nominated under paragraph (6) above shall be paid by the Minister and shall give to the Minister and the owner a certificate in writing of the said value.

(1)

S.I. 1996/3183.