The African Horse Sickness (Scotland) Order 2012

Compensation

32.—(1) The Scottish Ministers must pay compensation for horses killed under article 12 or 16(6)(e).

(2) No compensation is payable for a horse that, at the time it was killed, was affected with African horse sickness.

(3) The amount of any compensation payable under paragraph (1)—

(a) subject to sub-paragraph (b), is the value of the horse immediately before it was killed;

(b) may not in any case exceed £2500 for any horse.

(4) The value of the horse is—

(a) the amount determined in writing by the Scottish Ministers (“the Scottish Ministers’ 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 instead.

(5) If—

(a) the Scottish Ministers’ valuation is less than £2500; and

(b) within 14 days after receiving the Scottish Ministers’ valuation, the owner of the horse killed gives written notice to the Scottish Ministers disputing that valuation, with reasons,

the Scottish Ministers 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 Scottish Ministers for the purpose of conducting a valuation under this article; or

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

(7) The determination of value by the appointed valuer is final and binding on the Scottish Ministers and the owner (but this is subject to paragraph (3)(b)).

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

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

(b) otherwise, by the Scottish Ministers.

(9) Nothing in this article authorises any delay in the killing of a horse for the purposes of controlling African horse sickness.