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3.—(1) This paragraph applies where either there are no available sale price data, or the Secretary of State considers there to be inadequate sale price data, for calculating the average market price for a category of animal.
(2) Where this paragraph applies—
(a)the average market price is the most recently ascertained average market price for the relevant category of animal;
(b)but if the most recently ascertained average market price was ascertained more than two months before the relevant date, the Secretary of State may instead decide to pay compensation at the level of the market value of the animal in question, as determined in accordance with an order made under section 34(7)(a) of the Act(1).
The Individual Ascertainment of Value (England) Order 2019 (S.I. 2019/946).
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