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- Point in Time (19/04/2002)
- Original (As made)
Version Superseded: 01/03/2006
Point in time view as at 19/04/2002.
There are currently no known outstanding effects for the The TSE (England) Regulations 2002 (revoked), ANNEX 2 TO PART III OF SCHEDULE 1.
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Paragraph 11
1.—(1) For bovine animals not in a closed herd, where the Secretary of State causes 10% or more of the herd to be slaughtered as exposed animals, the amount of compensation payable shall, subject to sub-paragraphs (2) and (3) below, be enhanced by (10+E)%, where E equals half the percentage by which the percentage of the herd caused to be slaughtered exceeds 10%.
(2) Where the amount of compensation payable for a bovine animal exceeds £1,000, that amount shall be treated as £1,000 for the purpose of calculating under sub-paragraph (1) above the amount by which the amount of compensation payable should be enhanced.
(3) Where the calculation in sub-paragraph (1) above produces an enhancement percentage in excess of 25%, the amount of compensation payable shall be enhanced by 25%.
2. For bovine animals in a closed herd, where the Secretary of State causes 10% or more of the herd to be slaughtered as exposed animals, the amount of compensation payable shall be enhanced by a percentage that is 1½ times the enhancement percentage produced by the calculation in paragraph 1 above.E+W
3. In this Schedule “closed herd” means a herd into which no female bovine animal has been introduced since 15th October 1990.E+W
1. Subject to paragraph 5 below, the compensation for any carcase, part of any carcase or any blood seized or disposed of under regulation 83 shall be compensation to the owner of the carcase, part or blood of an amount equal to the value of the carcase, part or blood at the time it was seized or disposed of.E+W
2. The value of any carcase, part or blood seized or disposed of under regulation 83 shall be determined—E+W
(a)by agreement between the Secretary of State and the owner of the carcase, part or blood retained, seized or disposed of; or
(b)by arbitration.
3. The owner of a carcase, part of a carcase or blood seized or disposed of under regulation 83 shall pay any reasonable costs or expenses incurred by the Secretary of State in connection with the seizure or disposal.E+W
4. These costs or expenses shall be deducted from the amount of any compensation payable to the owner for the value of the carcase, part or blood seized or disposed of.E+W
5. If the amount of these costs and expenses exceed the amount of compensation payable to the owner, the Secretary of State shall serve on the owner a notice specifying the amount of the excess and the period for payment of this amount to the Secretary of State.E+W
6. The owner shall pay to the Secretary of State the amount of the excess within the period specified in the notice.E+W
7. On the expiry of this period, the amount of the excess shall be recoverable as a debt by the Secretary of State from the owner.E+W
1. The compensation payable for a TSE suspect or confirmed animal, or a first generation progeny of any such animal, slaughtered under regulation 90 or 91 above shall be an amount equal to the market value of the animal.E+W
2. The market value of the animal shall be determined—E+W
(a)by agreement between the Secretary of State and the owner of the animal; or
(b)by a valuer appointed by the Secretary of State.
3. A valuer appointed for the purpose of this regulation shall be paid by the Secretary of State.E+W
4. The valuer shall give to the Secretary of State and the owner a certificate in writing of the value he has determined.E+W
5. Where an animal was certified by a veterinary surgeon before slaughter as—E+W
(a)requiring slaughter for emergency reasons relating to the welfare of the animal;
(b)not fit for human consumption by virtue of its condition; and
(c)having no market value as a consequence,
there shall be no compensation payable for the animal.
1. Subject to paragraph 5 below, the compensation for any—E+W
(a)carcase of a TSE suspect or confirmed animal or the carcase of a first generation progeny of any such animal;
(b)part of such a carcase or any blood derived from any such carcase or part; or
(c)semen, embryos or ova derived from any TSE suspect or confirmed animal;
seized or disposed of under regulation 92 shall be compensation to the owner of the carcase, part, blood or semen, embryos or ova of an amount equal to the value of the carcase, part, blood or semen, embryos or ova at the time it was seized or disposed of.
2. The value of any carcase, part, blood or semen, embryos or ova seized or disposed of under regulation 92 shall be determined—E+W
(a)by agreement between the Secretary of State and the owner of the carcase, part, blood or semen, embryos or ova retained, seized or disposed of; or
(b)by arbitration.
3. The owner of a carcase, part, blood or semen, embryos or ova seized or disposed of under regulation 92 shall pay any reasonable costs or expenses incurred by the Secretary of State in connection with the seizure or disposal.E+W
4. These costs or expenses shall be deducted from the amount of any compensation payable to the owner for the value of the carcase, part, blood or semen, embryos or ova seized or disposed of.E+W
5. If the amount of these costs and expenses exceed the amount of compensation payable to the owner, the Secretary of State shall serve on the owner a notice specifying the amount of the excess and the period for payment of this amount to the Secretary of State.E+W
6. The owner shall pay to the Secretary of State the amount of the excess within the period specified in the notice.E+W
7. On the expiry of this period, the amount of the excess shall be recoverable as a debt by the Secretary of State from the owner.E+W
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