The Bovine Spongiform Encephalopathy Compensation Order 1994

Title and commencement

1.  This Order may be cited as the Bovine Spongiform Encephalopathy Compensation Order 1994 and shall come into force on 1st April 1994.

Interpretation

2.  In this Order—

“affected animal” means a bovine animal which is affected with bovine spongiform encephalopathy;

“barrener cattle” means adult female bovine animals which have had one or more calves and which are being sold for either immediate slaughter or further fattening before slaughter;

“bovine animal” means a bull, cow, steer, heifer or calf;

“indicative market price” means a price calculated in accordance with the schedule to this Order;

“market value” means the price which might reasonably have been obtained for a bovine animal at the time of valuation from a purchaser in the open market if the animal were not an affected or suspected animal;

“suspected animal” means a bovine animal which is suspected of being affected with bovine spongiform encephalopathy.

Compensation for bovine animals slaughtered for bovine spongiform encephalopathy.

3.—(1) Where the Minister causes an affected animal to be slaughtered under the powers conferred on her by section 32(1) of the Animal Health Act 1981 in its application to bovine spongiform encephalopathy(1), the compensation payable by her shall be an amount equal to either —

(a) the market value of the animal; or

(b) the indicative market price for the month in which the market value of the animal was determined,

whichever is the less.

(2) Where the Minister causes a suspected animal to be slaughtered under the powers conferred on her by section 32(1) of the Animal Health Act 1981 in its application to bovine spongiform encephalopathy and an examination at a veterinary laboratory of the Ministry of tissues taken from the carcase of the animal does not confirm that it was an affected animal, the compensation payable by the Minister shall be an amount equal to either —

(a) the market value of the animal; or

(b) 125 per cent of the indicative market price for the month in which the market value of the animal was determined,

whichever is the less.

(3) Notwithstanding the provisions of articles 3 and 4 of the Diseases of Animals (Ascertainment of Compensation) Order 1959(2), the market value of a bovine animal which the Minister proposes to cause to be slaughtered shall, for the purposes of payment of compensation under the Order, be determined —

(a) by agreement between the Minister and the owner of the animal, or

(b) by one valuer appointed jointly by the Minister and the said owner, or

(c) failing such agreement or appointment, by a valuer nominated by the President of the Royal Institution of Chartered Surveyors.

(4) A valuer appointed or nominated under paragraph (3)(b) or (c) above shall be paid by the Minister and shall give to the Minister and the owner a certificate in writing of the said value.

(5) The Minister shall take such steps as she considers appropriate for the purpose of bringing to the notice of persons concerned the indicative market price in respect of each month and the total number of animals and the total sale price on which the calculation of such indicative market price was based.

Revocation and saving

4.—(1) Subject to paragraph (2) below, the Bovine Spongiform Encephalopathy Compensation Order 1990(3) is hereby revoked.

(2) In relation to those bovine animals for which compensation has been calculated under the provisions of the Bovine Spongiform Encephalopathy Compensation Order 1990 prior to 1st April 1994, that calculation shall continue to apply.

In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on

L.S.

Gillian Shephard

Minister of Agriculture, Fisheries and Food

3rd March 1994.

Hector Monro

Parliamentary Under Secretary of State, Scottish Office

8th March 1994

John Redwood

Secretary of State for Wales

4th March 1994

We approve,

Irvine Patnick

Nicholas Baker

Two of the Lords Commissioners of Her Majesty’s Treasury

7th March 1994