Brucellosis Control Order (Northern Ireland) 2004

Article 16(1)

SCHEDULE 1 COMPENSATION FOR REACTORS

1.  For the purpose of this Schedule –

“animals” means commercial grade cows and in-calf heifers both of which are intended for use for the production of milk;

“average price” means a price calculated by the Department in accordance with paragraph 4;

“4 week period” means a period of 4 weeks ending on a Saturday which is 7 days or more before the last day of the month in which that Saturday falls;

“month” means the month in which a notice in respect of an animal was issued in accordance with Article 15(2);

“return” means a document furnished to the Department by a person operating a market for the sale of animals which shows for a week ending on a Saturday the number of animals sold at that market and the total sale price for such animals in that week at that market.

2.  A return shall be furnished to the Department within 7 days from the end of the week to which that return relates, by any person operating a market in animals at any of the following places, that is to say –

• Ballyclare

• Ballymoney

• Markethill

• Omagh

• Saintfield.

3.  The Department shall, in accordance with paragraph 4, calculate an average price from the information contained in the returns forwarded to it in accordance with paragraph 2, as it considers relevant.

4.—(1) Subject to sub-paragraph (2), the average price shall be such amount as may be obtained by dividing the total amount of the prices shown in returns, furnished under paragraph 2, for a 4 week period as having been paid for animals by the total number of the animals stated in those returns to have been sold.

(2) Before the Department proceeds to make a calculation of an average price it shall have obtained returns for sales of not less than 100 animals during a 4 week period.

(3) Where in any 4 week period the requirements of sub-paragraph (2) are not met, the average price for that 4 week period shall be the same amount as the most recent average price calculated in accordance with sub-paragraphs (1) and (2).

5.  In any month the figure for a non-pedigree reactor shall be 125% of the average price for the most recently preceding 4 week period rounded down to the nearest multiple of £4.

6.  In any month the figure for a pedigree reactor shall be the figure for a non-pedigree reactor plus £300.

7.  The Department shall take such steps as it considers appropriate for the purpose of bringing to the notice of persons concerned the figures for non-pedigree reactors and pedigree reactors referred to in paragraphs 5 and 6 respectively.