SCHEDULECalculation of the value of a non-bovine animal slaughtered for tuberculosis

Article 20

Calculation

1.

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

A×B=Cmath

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

Annotations:
Commencement Information

I1Sch. para. 1 in force at 31.3.2011, see art. 1

Veterinary improvement notice

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.

Annotations:
Commencement Information

I2Sch. para. 2 in force at 31.3.2011, see art. 1

Failure to have a non-bovine animal tested

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.

Annotations:
Commencement Information

I3Sch. para. 3 in force at 31.3.2011, see art. 1

Breach of obligations

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).

Annotations:
Commencement Information

I4Sch. para. 4 in force at 31.3.2011, see art. 1

Other cases

5.

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