Animal Health Act 2002

5 Slaughter of vaccinated animals E+W

In the 1981 Act the following section is inserted after section 16—

“16A Slaughter of vaccinated animals

(1) This section applies to any animal which has been treated with vaccine for the purpose of preventing the spread of foot-and-mouth disease or such other disease as the Secretary of State may by order specify.

(2) The Secretary of State may cause to be slaughtered any animal to which this section applies.

(3) The power conferred by this section extends to taking any action—

(a) which is required to enable any such animal to be slaughtered, or

(b) which is otherwise required in connection with the slaughter.

(4) For any animal slaughtered under this section the Secretary of State must pay compensation in accordance with subsections (5) and (6).

(5) In the case of an animal treated with vaccine for the purpose of preventing the spread of foot-and-mouth disease—

(a) if the animal was affected with foot-and-mouth disease the compensation is the value of the animal immediately before it became so affected;

(b) in any other case the compensation is the value of the animal immediately before it was slaughtered.

(6) In the case of an animal treated with vaccine for the purpose of preventing the spread of a disease specified by order under subsection (1) the compensation is of such an amount as may be prescribed by order of the Secretary of State.

(7) In arriving at a value under subsection (5) above no account is to be taken of the fact that the animal had been treated with vaccine as mentioned in that subsection.”

(8) No order may be made under subsection (1) unless a draft of the order has been laid before Parliament and approved by a resolution of each House.

(9) A statutory instrument containing an order under subsection (6) is subject to annulment in pursuance of a resolution of either House of Parliament.”