The Tuberculosis (Non-bovine animals) Slaughter and Compensation (England) Order 2017

Statutory Instruments

2017 No. 1254

Animals, England

Animal Health

The Tuberculosis (Non-bovine animals) Slaughter and Compensation (England) Order 2017

Made

6th December 2017

Laid before Parliament

12th December 2017

Coming into force

2nd January 2018

The Secretary of State, with the approval of the Treasury and in exercise of the powers conferred by sections 32(2) and (3) of the Animal Health Act 1981(1) and now vested in the Secretary of State(2), makes the following Order:

Citation, commencement, application and expiry

1.—(1) This Order may be cited as the Tuberculosis (Non-bovine animals) Slaughter and Compensation (England) Order 2017 and comes into force on 2nd January 2018.

(2) This Order applies in England only.

(3) This Order ceases to have effect on 2nd January 2025.

Interpretation

2.  In this Order—

“the Act” means the Animal Health Act 1981;

“camelid” means any species of South American camelid, including llama, alpaca, vicuna and guanaco;

“deer” means deer of any species that are managed by a keeper (including deer that are managed on enclosed park land);

“non-bovine animals” means camelids, deer, goats, pigs and sheep; and

“tuberculosis” means infection with Mycobacterium bovis (M. bovis).

Power to slaughter animals affected with tuberculosis

3.  The Secretary of State directs that section 32(2) of the Act applies to tuberculosis.

Compensation payable for a slaughtered non-bovine animal

4.  Where the Secretary of State causes a non-bovine animal to be slaughtered under section 32(1) of the Act in its application to tuberculosis, the compensation payable under section 32(3) in respect of that non-bovine animal is as set out in the Schedule.

Revocations

5.—(1) The Tuberculosis (Deer and Camelid) Slaughter and Compensation (England) Order 2014(3) is revoked.

(2) Article 18 of the Tuberculosis (Deer and Camelid) (England) Order 2014(4) is revoked.

Review

6.—(1) The Secretary of State must from time to time—

(a) carry out a review of the regulatory provision contained in this Order; and

(b) publish a report setting out the conclusions of the review.

(2) The first report must be published before 2nd January 2023.

(3) Subsequent reports must be published at intervals not exceeding 5 years.

(4) Section 30(4) of the Small Business, Enterprise and Employment Act 2015(5) requires that a report published under this article must, in particular—

(a) set out the objectives intended to be achieved by the regulatory provision referred to in paragraph (1)(a);

(b) assess the extent to which those objectives are achieved;

(c) assess whether those objectives remain appropriate; and

(d) if those objectives remain appropriate, assess the extent to which they could be achieved in another way which involves less onerous regulatory provision.

(5) In this article, “regulatory provision” has the same meaning as in sections 28 to 32 of the Small Business, Enterprise and Employment Act 2015 (see section 32 of that Act).

George Eustice

Minister of State

Department for Environment, Food and Rural Affairs

6th December 2017

We approve

David Rutley

Heather Wheeler

Two of the Lords Commissioners of Her Majesty’s Treasury

4th December 2017

Article 4

SCHEDULE 1

1.  The Secretary of State must determine the species and category of animal, specified in columns 1 and 2 of the table in paragraph 5 into which the non-bovine animal falls.

2.  The age of a non-bovine animal is its age at the date on which the notice of intention to slaughter is served.

3.  The weight of a pig is its weight at the date on which the notice of intention to slaughter is served.

4.  The compensation payable is the amount specified in column 3 of the table, by reference to the applicable species listed in column 1 and the applicable category listed in column 2 of the table.

Table

Column 1 Species	Column 2 Category	Column 3 Compensation (£)
Camelids	Stud male, over 18 months old Breeding female, over 18 months old Non-breeding, over 18 months old 18 months or younger	1,500 1,500 750 750
Deer	Working stag Hind and young stock	1,500 400
Goats	1 year old or younger Non-breeding, over 1 year old Breeding female, over 1 year old Stud male, over 1 year old	80 160 250 350
Pigs/swine	Breeding female (gilt or sow) Breeding male Suckler (a pig weighing under 25kg) Weaner (a pig weighing from 25kg to 35kg) Grower or Finisher (a pig weighing over 35kg)	250 350 30 40 90
Sheep	Lamb aged 1 year or younger Breeding ewe over 1 year old Breeding ram over 1 year old	80 130 350

EXPLANATORY NOTE

(This note is not part of the Order)

This Order provides directs that bovine tuberculosis is included within the diseases for which the Minister may cause an animal to be slaughtered under section 32 of the Animal Health Act 1981 (c. 22).

The Schedule to the Order sets out the amount of compensation which is to be payable in respect of each species and category of animal slaughtered.

A full impact assessment of the effect that this instrument will have on the costs of business, the voluntary sector and the public sector is available from Dan Hackett at the Department of Environment, Food and Rural Affairs, Nobel House, 17 Smith Square, London, email [e-mail].

(1)

1981 c. 22.

(2)

Functions conferred under the Animal Health Act 1981 on “the Ministers” (as defined in section 86 of that Act) are now exercisable by the Secretary of State. They were transferred, so far as exercisable by the Secretaries of State for Scotland and Wales, to the Minister of Agriculture, Fisheries and Food by S.I. 1999/3141. Functions of the Minister of Agriculture, Fisheries and Food were then further transferred to the Secretary of State by S.I. 2002/794.

(3)

S.I. 2014/2338.

(4)

S.I. 2014/2337.

(5)

2015 c. 26.