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The African Horse Sickness (England) Regulations 2012
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- UK Statutory Instruments
- 2012 No. 2629
- PART 8
- Regulation 33
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Compensation for horses killed and things seizedE+W
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33.—(1) The Secretary of State, in accordance with this regulation—
(a)may pay compensation for any horse killed under regulation 12 or 16(6)(e);
(b)must pay compensation for anything seized under these Regulations, unless it is returned.
(2) No compensation is payable for a horse that, at the time it was killed, was affected with African horse sickness.
(3) The amount of any compensation payable under paragraph (1)(a)—
(a)subject to sub-paragraph (b), is the value of the horse immediately before it was killed;
(b)may not in any case exceed £2500 for any horse.
(4) The amount of any compensation payable under paragraph (1)(b)—
(a)subject to sub-paragraph (b), is the value of the thing seized at the time of its seizure;
(b)in the case of any genetic material coming from the same horse, may not in any case exceed £2500 (regardless of the nature or number of items of genetic material seized).
(5) The value of the horse or thing seized (as the case may be) is—
(a)the amount determined in writing by the Secretary of State (“the Secretary of State’s valuation”), or
(b)where the determination of the value has been referred to an appointed valuer under paragraph (6), the amount determined in writing by that valuer instead.
(6) If—
(a)the Secretary of State’s valuation is less than £2500, and
(b)within 14 days after receiving the Secretary of State’s valuation, the owner of the horse killed or (as the case may be) the thing seized gives written notice to the Secretary of State disputing that valuation, with reasons,
the Secretary of State must refer the determination of the value to an appointed valuer.
(7) The appointed valuer must be a person—
(a)appointed jointly by the owner and the Secretary of State for the purpose of conducting a valuation under this regulation, or
(b)failing agreement on such appointment within 10 days of receipt of the notice given under paragraph (6), appointed by the Secretary of State for that purpose.
(8) The determination of value by the appointed valuer is final and binding on the Secretary of State and the owner (but this is subject to paragraphs (3)(b) and (4)(b)).
(9) Fees charged or expenses incurred by an appointed valuer for work done under this regulation must be paid—
(a)where the valuer’s determination is equal to or less than the Secretary of State’s valuation, by the owner,
(b)otherwise, by the Secretary of State.
(10) Nothing in this regulation authorises any delay in the killing of a horse for the purposes of controlling African horse sickness.
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