The Tuberculosis in Specified Animals (Scotland) Order 2015

Compensation for specified animals slaughtered for tuberculosis

21.—(1) Where—

(a) the Scottish Ministers cause a specified animal to be slaughtered under section 32(1) of the Act (slaughter in other diseases) in its application to tuberculosis; and

(b) provided that the animal is identified in accordance with (as the case may be)—

(i) the Sheep and Goats (Records, Identification and Movement) (Scotland) Order 2009(1) and Section A of the Annex to Council Regulation (EC) No 21/2004 establishing a system for the identification and registration of ovine and caprine animals and amending Regulation (EC) No 1782/2003 and Directives 92/102/EEC and 64/432/EEC(2);

(ii) the Pigs (Records, Identification and Movement) (Scotland) Order 2011(3);

(iii) article 16 (identification requirements for deer); or

(iv) article 17 (identification requirements for alpacas, guanacos, llamas and vicuñas,),

the compensation payable under section 32(3) of the Act in respect of that animal is, subject to paragraphs (2) and (3), its value as calculated in accordance with the Schedule.

(2) Where the Scottish Ministers consider that the market value of a specified animal may be less than the value of that animal as calculated in accordance with the Schedule, they must determine the animal’s market value in accordance with article 22.

(3) If the market value of a specified animal as determined in accordance with article 22 is less than its value as calculated in accordance with the Schedule, the compensation payable under section 32(3) of the Act in respect of that animal is to be its market value.

(1)

S.S.I. 2009/414.

(2)

OJ L 5, 9.1.2004, p.8 as last amended by Council Regulation (EU) No 517/2013 (OJ L 158, 10.6.2013, p.1).

(3)

S.S.I. 2011/327, amended by S.S.I. 2011/351.