The Cattle Compensation (England) Order 2019

Interpretation E+W+S

2.—(1) In this Order—

“the Act” means the Animal Health Act 1981;

“animal” means domestic cattle, buffalo or bison;

“brucellosis” means infection with the bacterium Brucella abortus, otherwise known as contagious abortion;

“cattle passport” means a cattle passport as defined in, and issued in accordance with, the Cattle Identification Regulations 2007(1);

“enzootic bovine leukosis” means infection with the enzootic bovine leukosis virus;

“market value” means, in relation to an animal slaughtered for brucellosis, tuberculosis or enzootic bovine leukosis, the price which might reasonably have been obtained for it at the time of valuation from a purchaser in the open market if the animal were neither affected nor suspected of being affected with that disease;

“relevant date” means—

(a)

in respect of an animal slaughtered for brucellosis, the date on which a notice requiring slaughter of the animal is served pursuant to article 20 of the Brucellosis (England) Order 2015(2);

(b)

in respect of an animal slaughtered for enzootic bovine leukosis, the date on which a notice requiring slaughter of the animal is served pursuant to article 12 of the Enzootic Bovine Leukosis (England) Order 2000(3);

(c)

in respect of an animal slaughtered for tuberculosis—

(i)

the date on which a positive skin test for the animal is read;

(ii)

the date on which an inconclusive skin test for the animal, resulting in its being classified as a reactor and therefore consistent with its being affected with tuberculosis, is read;

(iii)

where a last skin test carried out before slaughter is negative, or no skin test has been carried out, the date on which a clinical sample is taken from the animal for the purposes of any other diagnostic test for tuberculosis;

(iv)

where no diagnostic test for tuberculosis has been carried out, or where tests have been carried out on the animal with negative results, but the animal is slaughtered because it has been exposed to infection as a result of contact with, or close proximity to, an animal that is affected or suspected of being affected with tuberculosis, the relevant date for that affected or suspected animal;

(v)

where no diagnostic test for tuberculosis has been carried out but the animal is slaughtered because, following clinical examination by a veterinary surgeon, it is found to be affected or suspected of being affected with tuberculosis, the date of that examination;

“sale price data” means data relating to the price obtained on sale that is compiled in relation to domestic cattle from store markets, prime markets, rearing calf sales, breeding sales and dispersal sales in Great Britain;

“tuberculosis” means infection with the bacterium Mycobacterium bovis (M.bovis).

(2) In paragraph (1), “skin test” means the single intradermal comparative cervical tuberculin test for tuberculosis.

Commencement Information

I1 Art. 2 in force at 1.7.2019, see art. 1

(1)

S.I. 2007/529, amended by S.I. 2017/101 and prospectively amended by S.I. 2018/1238, to come into force on exit day; there are other amending instruments but none is relevant.

(2)

S.I. 2015/364.

(3)

S.I. 2000/2056, to which there are amendments not relevant to this Order.