The Transmissible Spongiform Encephalopathies (England) Regulations 2018

Compensation E+W

7.—(1) The Secretary of State must pay compensation to the owner of a bovine animal that is killed for reasons related to a TSE.

(2) Compensation payable for any domestic cattle (subject to the exceptions in paragraph 7) is the average market price for the category into which the animal falls at the date of the service of the regulation 16(2)(e) notice, as identified in the table setting down the relevant categories in sub-paragraph (7) calculated as follows—

(a) in the case of non-pedigree animals it is calculated each month from sale price data of animals in that category in respect of sales occurring during the period ending on the 20th day of the preceding month and starting on the 21st day of the month before that, and

(b) in the case of pedigree animals it is calculated each month from sale price data of animals in that category in respect of sales occurring over a six month rolling period covering the six months ending on the 20th day of the preceding month and starting on the 21st day of the month falling six months before that.

(3) To be eligible for compensation an animal must be identified by means of ear tags and there must be presented to the Secretary of State, or an agent on behalf of the Secretary of State, a cattle passport issued in accordance with the Cattle Identification Regulations 2007 in respect of that animal at or before the time of killing.

(4) The sale price data are data compiled in relation to domestic cattle from store markets, prime markets, rearing calf sales, breeding sales and dispersal sales in Great Britain.

(5) The average market price for a category for which sale price data have been collected is the amount obtained by dividing the sum of those sale prices by the total number of animals in that category.

(6) For an animal to fall within the pedigree category—

(a) it must be entire;

(b) up to and including 31st October 2018, the animal at the time when the regulation 16(2)(e) notice is served is entered in the main section of a herd book for the breed in accordance with Commission Decision 84/247/EEC laying down the criteria for the recognition of breeders' organizations and associations which maintain or establish herd-books for pure-bred breeding animals of the bovine species M1 , and there must be a pedigree certificate issued in respect of that animal;

(c) from 1st November 2018, the animal at the time when the regulation 16(2)(e) notice is served is a purebred breeding animal which is entered or registered and eligible for entry in the main section of a breeding book, and for which a pedigree certificate has been issued by a breed society that has been recognised by the Secretary of State under Article 4 or Article 64(4) of Regulation (EU) 2016/1012 of the European Parliament and of the Council on zootechnical and genealogical conditions for the breeding, trade in and entry into the Union of purebred breeding animals M2 .

(7) The Secretary of State must categorise animals in accordance with the following table, and for the purposes of determining which category the animal falls into, the age of an animal is the age shown for that animal by any cattle passport issued in accordance with the Cattle Identification Regulations 2007, at the date on which the notice of intention to kill was served—

Table - Categories

Male	Female
Beef Sector — non-pedigree animal	Beef Sector — non-pedigree animal
Up to and including 3 months	Up to and including 3 months
Over 3 months up to and including 6 months	Over 3 months up to and including 6 months
Over 6 months up to and including 9 months	Over 6 months up to and including 9 months
Over 9 months up to and including 12 months	Over 9 months up to and including 12 months
Over 12 months up to and including 16 months	Over 12 months up to and including 16 months
Over 16 months up to and including 20 months	Over 16 months up to and including 20 months
Over 20 months, breeding bulls	Over 20 months, calved
Over 20 months, non-breeding bulls	Over 20 months, not calved
Dairy Sector — non-pedigree animal	Dairy Sector — non-pedigree animal
Up to and including 3 months	Up to and including 3 months
Over 3 months up to and including 6 months	Over 3 months up to and including 6 months
Over 6 months up to and including 12 months	Over 6 months up to and including 12 months
Over 12 months up to and including 16 months	Over 12 months up to and including 16 months
Over 16 months up to and including 20 months	Over 16 months up to and including 20 months
Over 20 months	Over 20 months up to and including 84 months, calved
	Over 20 months up to and including 84 months, not calved
	Over 84 months
Beef Sector — pedigree animal	Beef Sector — pedigree animal
Up to and including 6 months	Up to and including 6 months
Over 6 months up to and including 12 months	Over 6 months up to and including 12 months
Over 12 months up to and including 24 months	Over 12 months up to and including 24 months
Over 24 months	Over 24 months, not calved
	Over 24 months up to and including 36 months, calved
	Over 36 months, calved
Dairy Sector — pedigree animal	Dairy Sector — pedigree animal
Up to and including 2 months	Up to and including 2 months
Over 2 months up to and including 12 months	Over 2 months up to and including 10 months
Over 12 months up to and including 24 months	Over 10 months up to and including 18 months
Over 24 months	Over 18 months, not calved
	Over 18 months up to and including 36 months, calved
	Over 36 months, calved

Marginal Citations

M1 OJ No L125, 12.5.84, p. 58 as amended by Commission Decision 2007/371/EC (OJ No L 140, 1.6.2007, p. 49).

M2 OJ No L171, 29.6.2016, p. 66.