5.—(1) Where the National Assembly considers that the data to calculate the average price is inadequate, it may pay compensation at–
(a)for animals in that category, the most recent previously calculated average price for which there was sufficient data to calculate the average price; or
(b)for the individual animal, the market price.
(2) For buffalo or bison, compensation is the market price.
(3) The market price is the price that might reasonably have been obtained for the individual animal from a purchaser in the open market at the time of valuation if the animal was not required to be killed under Schedule 3 of the Transmissible Spongiform Encephalopathies (Wales) 2006 Regulations, calculated under regulation 15 of the Transmissible Spongiform Encephalopathies (Wales) 2006 Regulations with the National Assembly paying any fee arising from nominating and employing a valuer.