The Bovine Spongiform Encephalopathy Compensation (Amendment) Order 1996

Explanatory Note

(This note is not part of the Order)

This Order amends the Bovine Spongiform Encephalopathy Compensation Order 1994—“the principal Order”. The principal Order prescribes the amount of compensation payable for bovine animals caused to be slaughtered by the Minister of Agriculture, Fisheries and Food under section 32 of the Animal Health Act 1981 because they are affected, or suspected of being affected, with bovine spongiform encephalopathy by reference to the lesser of either the market value of the animal or the indicative market price, calculated in accordance with the Schedule to the principal Order.

Subject to a saving in relation to animals for which compensation has been calculated before the coming into force of this Order, this Order amends the definition of “market value” so that in the case of animals over 30 months old the market value is the higher of either the price which could have been obtained for the animal on the open market or the price which would have applied if the animal had been slaughtered in accordance with Commission Regulation (EC) No. 716/96 (O.J. L99, 19.4.96, p.14), as amended (article 2(2)). It also amends the formula to be used to calculate the indicative market price in the Schedule by incorporating in that formula the average price paid for barrener cattle of dairy breeds slaughtered in accordance with the above mentioned Commission Regulation (article 2(3)).

A Compliance Cost Assessment in relation to this Order has been placed in the library of each House of Parliament. Copies can be obtained from the Animal Health (Disease Control) Division of the Ministry of Agriculture, Fisheries and Food, Government Buildings, Hook Rise South, Tolworth, Surbiton, Surrey KT6 7NF.