The Tuberculosis (Scotland) Order 2007

[F1Reduced compensation for testing delaysS

This section has no associated Executive Note

19C.—(1) This article applies where—

(a)the keeper of an animal has been served with a test notice under article 21(1),

(b)the keeper has failed to carry out a diagnostic test for tuberculosis by the latest date specified in the notice (“the specified date”),

(c)a diagnostic test for tuberculosis has been applied to the animal after the specified date and the test results reveal that the animal is a reactor,

(d)the keeper is informed of the test results by a person who has received consent to test under article 26(a),

(e)the Scottish Ministers have caused the animal to be slaughtered under section 32 of the Act, and

(f)the market value of the animal has been ascertained in accordance with article 19.

(2) Where this article applies, the compensation payable to the keeper for a slaughtered animal is—

(a)where the interval between the specified date and the date of the test is more than 60 days but not more than 90 days, 50% of the market value of the animal as ascertained in accordance with article 19, or

(b)where the interval between the specified date and the date of the test is more than 90 days, 5% of the market value of the animal as ascertained in accordance with article 19.

(3) Where this article applies, the Scottish Ministers must notify the keeper of the decision to reduce compensation—

(a)giving the reasons for the decision, and

(b)explaining that the keeper has the right to make written representations to a person appointed by the Scottish Ministers in accordance with article 19D.]

Textual Amendments