The Diseases of Swine Regulations 2014

Compensation for pigs killed and things seized E+W+S

37.—(1) The appropriate authority must pay compensation in accordance with this regulation for—

(a) any pig killed pursuant to regulations 7(5), 8(2) or 11;

(b) any thing likely to spread disease that is seized under these Regulations and not returned other than where such things are seized by an inspector acting under regulation 36.

(2) The amount of any compensation payable under paragraph (1)(a) is—

(a) one half of the value of the pig immediately before it became affected where the pig was affected with classical swine fever or African swine fever;

(b) the value of the pig immediately before it became affected where the pig was affected with swine vesicular disease (less any price received by the owner at slaughter);

(c) where the pig is not affected with disease, the value of the pig immediately before it was killed.

(3) The amount of any compensation payable under paragraph (1)(b) is the value of the thing seized at the time of its seizure;

(4) The value of the pig or thing seized (as the case may be) is—

(a) the amount determined in writing by the appropriate authority (“the appropriate authority’s valuation”); or

(b) where the determination of the value has been referred to an appointed valuer under paragraph (5), the amount determined in writing by that valuer.

(5) If, within 14 days after receiving the appropriate authority’s valuation, the owner of the pig killed or the thing seized (as the case may be) gives written notice to the appropriate authority disputing that valuation, with reasons, the appropriate authority must refer the determination of the value to an appointed valuer.

(6) The appointed valuer must be a person—

(a) appointed jointly by the owner and the appropriate authority for the purpose of conducting a valuation under this regulation; or

(b) failing agreement on such appointment within 10 days of receipt of the notice given under paragraph (5), appointed by the appropriate authority for that purpose.

(7) The determination of value by the appointed valuer is final and binding on the appropriate authority and the owner.

(8) Fees charged or expenses incurred by an appointed valuer for work done under this regulation must be paid—

(a) where the valuer’s determination is equal to or less than the appropriate authority’s valuation, by the owner;

(b) otherwise, by the appropriate authority.

(9) Action under this regulation to determine the value of any pig or other thing must not result in any delay in the killing of a pig for the purposes of controlling disease.

Commencement Information

I1 Reg. 37 in force at 14.8.2014, see reg. 1(1)(c)