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3. Where an examination at a veterinary laboratory of the Secretary of State of tissues taken from the carcase of the sheep or goat does not confirm that it was an animal affected with a TSE, the compensation shall be whatever is the greater of—
(a)the amount which would be payable under the preceding paragraph if the examination had confirmed it was an animal affected with a TSE; and
(b)such sum as appears to the Secretary of State, having regard to any information provided by the owner of the animal slaughtered and any other relevant information, to reflect the market value of the animal, subject to a maximum sum of £400 for each animal.
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