Tuberculosis Control Order (Northern Ireland) 1999

PART III SLAUGHTER AND COMPENSATION

Power to slaughter

10.—(1) The Department may slaughter or cause to be slaughtered under the direction of a veterinary inspector any reactor or other animal which in the opinion of a veterinary inspector has been exposed to a significant risk of infection with disease and has not already been slaughtered under paragraph (5).

(2) Where the Department intends to slaughter an animal or to cause an animal to be slaughtered under paragraph (1) it shall serve on the keeper of the animal a notice in writing stating that intention.

(3) A notice served under paragraph (2) shall specify the identification number, sex, colour, breed and date of birth of the animal to which it relates.

(4) The keeper of an animal to which a notice under paragraph (2) relates shall provide all reasonable facilities for the valuation of the animal before it is removed for slaughter, and for the collection, securing and removal of the animal for slaughter.

(5) The owner of any animal to which a notice under paragraph (2) relates shall not slaughter or cause to be slaughtered that animal except under the authority and in accordance with the conditions of a licence issued by the Department for that purpose and where he does so Article 11 shall not have effect in relation to that animal.

Valuation and compensation

11.—(1) Where the Department slaughters or causes an animal to be slaughtered under Article 10(1), the compensation payable by the Department for the animal shall be the market value of the animal.

(2) For the purposes of this Order, the market value of an animal means—

(a) in the case of an animal over 30 months old either—

(i) the price which might reasonably have been obtained for it at the time of valuation from a purchaser in the market if it had been free from disease; or

(ii) the value of that animal to the owner had it been slaughtered under and in accordance with Commission Regulation (EC) No. 716/96 adopting exceptional support measures for the beef market in the United Kingdom(1),

whichever is the higher; or

(b) in the case of an animal 30 months old or under, the price which might reasonably have been obtained for it at the time of valuation from a purchaser in the market if it had been free from disease.

(3) Subject to paragraph (6) the market value of an animal to which a notice under Article 10(2) relates shall, for the purposes of this Article, be determined before the slaughter of the animal—

(a) by agreement between an inspector of the Department and the owner of the animal; or

(b) if they fail so to agree, by an independent valuer paid by the Department and selected by the owner from a list of at least three such valuers submitted by the Department to the owner.

(4) For the purposes of paragraph (3), the calculation of the market value of an animal under this Article shall not take account of any sum to which the owner might have become entitled in respect of the animal under any other statutory or any Community provision.

(5) The amount of compensation payable to the owner of an animal under this Article shall be without prejudice to any entitlement of that person to any payments in respect of the animal under any other statutory or any Community provision.

(6) Where the owner of an animal to which a notice under Article 11(2) relates refuses to select a valuer in accordance with paragraph (3), the Department shall select a valuer from the list mentioned in that paragraph to determine the market value.

(7) A valuer selected in accordance with paragraph (3) or (6) shall give to the Department and to the owner of the animal concerned a certificate in writing of his valuation of the animal.

(1)

O.J. No. L99, 19.4.96, p. 14