2001 No. 1273 (W72)

ANIMALSANIMAL HEALTH, WALES

The Foot-And-Mouth Disease (Ascertainment of Value) (Wales) (No. 4) Order 2001

Made

Coming into force

The National Assembly for Wales and the Minister of Agriculture, Fisheries and Food, in exercise of the powers conferred on them by sections 1 and 34(7) of the Animal Health Act 19811 and of all other powers enabling them in that behalf, make the following Order:

Title, application and commencement1

This Order may be cited as the Foot-And-Mouth Disease (Ascertainment of Value) (Wales) (No. 4) Order 2001; it applies to Wales and comes into force at 10.00 pm on 29th March 2001.

Ascertainment of value of an animal2

1

For the purposes of paragraph 3(2) of Schedule 3 to the Animal Health Act 1981 the value of an animal slaughtered by the Minister because of foot-and-mouth disease shall be in accordance with this article and not the Diseases of Animals (Ascertainment of Compensation) Order 19592.

2

In this article, “standard value” means in respect of any animal of a category in the Schedule, the amount set out for that animal in the Schedule.

3

If the owner of an animal does not wish to have that animal valued by a valuer, the value for that animal is the standard value.

4

Where the owner of an animal —

a

decides that he wishes to have the animal valued by a valuer; or

b

has not expressed any wish under paragraph (3) or (4)(a) in respect of an animal liable to be slaughtered at the direction of the Minister prior to the slaughter of that animal,

the value of the animal is the amount determined in writing by a valuer appointed by the Minister.

5

The valuer shall be paid by the Minister.

6

If, within 14 days after the owner has received the valuation made in accordance with paragraph (4), he has not given notice in writing that he disputes that valuation, he shall be deemed to have accepted that valuation.

7

Where the owner has given notice in accordance with paragraph (6) he may either —

a

accept the standard value; or

b

refer the question of the value of the animal to an arbitrator appointed jointly by the Minister and the owner of the animal, or failing such appointment, by an arbitrator appointed by the President of the Royal Institution of Chartered Surveyors.

8

Liability for the costs of the arbitrator shall be determined by the arbitrator.

9

Once the value of the animal has been determined in accordance with paragraph (4), nothing in this article shall authorise any delay in the slaughtering of animals pursuant to the powers of the Minister under section 31 of, and Schedule 3(1) to, the Animal Health Act 1981.

Revocation3

The Foot-and-Mouth Disease (Ascertainment of Value)(Wales) (No. 3) Order 20013 is revoked.

Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 19984

Dafydd Elis-ThomasThe Presiding Officer of the National Assembly
Helene HaymanMinister of State Ministry of Agriculture, Fisheries and Food

SCHEDULE

Article 2

Animal

Rate

(£)

SHEEP

Breeding ewes (in lamb/lamb at foot)

90

Cull/draft ewes

32

Hoggets (male and female old season’s lamb)

55

New season’s lamb

60

Rams

150

PIGS

Gilts

190

Breeding sows

130

Cull sows

80

Piglets on sow

18

Stores: Breeding units (weaners)

30

Stores: Finishing unit

55

Boars

520

CATTLE

Clean cattle: steers (over 7 months and up to 30 months old)

600

Clean cattle: heifers (over 7 months and up to 30 months old)

500

Clean cattle: young bulls (over 7 months and up to 30 months old)

580

Breeding cows (including calves one month old or younger)

1,100

Breeding heifers

900

Breeding bulls

1,000

Calves (over one month and up to 7 months old)—

Dairy breed

Male

150

Dairy breed

Female

300

Beef /beef cross breed

Male

250

Beef/beef cross breed

Female

150

Cull cattle (including clean cattle over 30 months old)

325

(This note is not part of the Order)

This Order revokes the Foot-and-Mouth Disease (Ascertainment of Value) (Wales)(No.3) Order 2001 (S.I.2001/1155) and sets out the requirements for the valuation of animals slaughtered or liable to be slaughtered as a result of foot-and-mouth disease. It adds categories of calves to the Schedule.

A Regulatory Appraisal has not been prepared.