The Sheep and Goats Spongiform Encephalopathy (Compensation) Order 1998

Compensation for affected and suspected animals slaughtered for transmissible spongiform encephalopathy

3.—(1) Where the Minister causes an animal to be slaughtered as a suspected or affected animal under the powers conferred on him by section 32(1) of the Animal Health Act 1981 in its application to any transmissible spongiform encephalopathy and an examination at a veterinary laboratory of the Ministry of tissues taken from the carcase of the animal confirms that it was an affected animal, the compensation payable by him shall be an amount equal to—

(a) in the case of a sheep, the average cull price for sheep for the calender month two months prior to the month in which the animal is slaughtered; and

(b) in the case of a goat—

(i) the average cull price for goats for the calendar month two months prior to the month in which the animal is slaughtered; or

(ii) if the Minister has not determined the average cull price for goats for that calendar month, the average cull price for sheep for that calendar month.

(2) Where the Minister causes an animal to be slaughtered as a suspected or affected animal under the powers conferred on him by section 32(1) of the Animal Health Act 1981 in its application to any transmissible spongiform encephalopathy and an examination at a veterinary laboratory of the Ministry of tissues taken from the carcase of the animal does not confirm that it was an affected animal, the compensation payable by him shall be whatever is the greater of—

(a) the amount which would be payable under paragraph (1) above if the examination had confirmed it was an affected animal; and

(b) such sum as appears to him, having regard to any evidence provided by the owner of the animal slaughtered, to reflect the market value of the animal, subject to a maximum sum of £400 for each animal.

(3) The Minister shall determine the average cull price for sheep for each calender month on the basis of information available to him in relation to sheep sold in Great Britain for slaughter as cull animals in that calendar month.

(4) The Minister may determine the average cull price for goats for a calendar month on the basis of the information available to him in relation to goats sold in Great Britain for slaughter as cull animals in that calendar month, if he considers that the information available to him is sufficiently representative of such sales for that purpose.

(5) The Minister shall, in respect of each determination of an average cull price for sheep or goats under this article, take such steps as he considers appropriate for the purpose of bringing—

(a) the determination; and

(b) the number of animals, and the sale price of the animals, on which the determination was based,

to the attention of such organisations as appear to him to be representative of owners of sheep and goats.