The Tuberculosis (Wales) Order 2011

Article 20

SCHEDULE E+W Calculation of the value of a non-bovine animal slaughtered for tuberculosis

Calculation E+W

1.  The value of a non-bovine animal slaughtered for tuberculosis is to be calculated using the following formula—

A × B = C

Where—

A is the set figure for each species and category of non-bovine animal provided by the table;

B is the figure provided by one of paragraphs 2 to 5; and

C is the value of the non-bovine animal for the purposes of article 20.

Table

Species	Category	Set figure
(1) Deer		£400.00
(2) Goat	(a) aged not more than 1 year;	(a) £80.00
	(b) non-breeding animal aged more than 1 year;	(b) £160.00
	(c) breeding female;	(c) £250.00
	(d) stud male aged more than 1 year;	(d) £350.00
(3) Alpacca, guanaco, llama and vicuna	(a) aged not more than 18 months;	(a) £750.00
	(b) non-breeding animal aged more than 18 months	(b) £750.00
	(c) breeding female aged more than 18 months;	(c) £1500.00
	(d) stud male aged more than 18 months;	(d) £1500.00

Commencement Information

I1 Sch. para. 1 in force at 31.3.2011, see art. 1

Veterinary improvement notice E+W

2.—(1) This paragraph applies where the keeper of a non-bovine animal has been served with a veterinary improvement notice and fails to comply with one or more of its requirements.

(2) Where—

(a) the keeper fails to comply with one requirement in the veterinary improvement notice;

(b) a non-bovine animal has been tested under article 9 (tuberculosis testing);

(c) that non-bovine animal has been slaughtered following that test under section 32(1) of the Act as it applies to tuberculosis; and

(d) that test was applied to the herd that included that non-bovine animal (after the keeper was served with the veterinary improvement notice)—

(i) for the first time, “B” is 0.75;

(ii) for the second time, “B” is 0.5; or

(iii) subsequently, “B” is 0.05.

(3) Where—

(a) the keeper fails to comply with more than one requirement in the veterinary improvement notice;

(b) a non-bovine animal has been tested under article 9;

(c) that non-bovine animal has been slaughtered under section 32(1) of the Act as it applies to tuberculosis following that test; and

(d) that test was applied to the herd that included that non-bovine animal, (after the keeper was served with the veterinary improvement notice)—

(i) for the first time, “B” is 0.5; or

(ii) subsequently, “B” is 0.05.

Commencement Information

I2 Sch. para. 2 in force at 31.3.2011, see art. 1

Failure to have a non-bovine animal tested E+W

3.—(1) Where—

(a) the keeper of a non-bovine animal has been required to have it tested with a relevant test by a date specified in a notice (“the specified date”) served under article 9(1) (tuberculosis testing);

(b) the test has been carried out on a date (“the test date”) which is after the specified date;

(c) the non-bovine animal has been slaughtered under section 32(1) of the Act as it applies to tuberculosis following the test; and

(d) the interval between the specified date and the test date is—

(i) more than 60 days but not more than 90 days, “B” is 0.75;

(ii) more than 90 days but not more than 180 days, “B” is 0.5; and

(iii) more than 180 days, “B” is 0.05.

(2) Where a non-bovine animal has been slaughtered following the application of the relevant test under article 9(5), “B” is 0.05.

(3) Where a non-bovine animal has been slaughtered by virtue of the provisions of article 9(6), “B” is 0.05.

Commencement Information

I3 Sch. para. 3 in force at 31.3.2011, see art. 1

Breach of obligations E+W

4.—(1) Where—

(a) the Welsh Ministers are satisfied beyond reasonable doubt that the keeper of a non-bovine animal has committed an offence under section 73 of the Act (general offences) by virtue of this Order; and

(b) a non-bovine animal has been slaughtered under section 32(1) of the Act as it applies to tuberculosis—

(i) within the period of 6 months of sub-paragraph (1)(a) being satisfied; or

(ii) after the expiry of that period, following the first application to the keeper’s non-bovine animals of the relevant test; and

(c) sub-paragraph (1)(a) is satisfied on—

(i) one occasion, “B” is 0.5; and

(ii) more than one occasion, “B” is 0.05.

(2) This paragraph does not apply to a failure to comply with notices served under article 8(1) or 9(1).

Commencement Information

I4 Sch. para. 4 in force at 31.3.2011, see art. 1

Other cases E+W

5.  Where paragraphs 2, 3, and 4 do not apply, “B” is 1.

Commencement Information

I5 Sch. para. 5 in force at 31.3.2011, see art. 1