Statutory Instruments
1998 No. 2073

ANIMALS
ANIMAL HEALTH
The Brucellosis and Tuberculosis (England and Wales) Compensation (Amendment) Order 1998

Made
21st August 1998

Laid before Parliament
25th August 1998

Coming into force
26th August 1998

The Minister of Agriculture, Fisheries and Food in relation to England and the Secretary of State for Wales in relation to Wales, in exercise of the powers conferred on them by section 32(3) of the Animal Health Act 1981(1), and of all other powers enabling them in that behalf, with the approval of the Treasury in accordance with the said section 32(3), hereby make the following Order:

Title and commencement

1.  This Order may be cited as the Brucellosis and Tuberculosis (England and Wales) Compensation (Amendment) Order 1998 and shall come into force on 26th August 1998.

Amendment to the Brucellosis and Tuberculosis (England and Wales) Compensation Order 1978

2.  The Brucellosis and Tuberculosis (England and Wales) Compensation Order 1978(2) shall be amended by substituting for paragraph (2) of article 3 (compensation for and ascertainment of value of bovine animals slaughtered for brucellosis or tuberculosis) the following provisions–

“(2) In the case of brucellosis the compensation shall be–

(a)where the slaughtered animal is an affected animal or a reactor, an amount equal to 75% of either–

(i)its market value, or

(ii)125% of the average price in respect of the month which occurred 2 months prior to the month in which the market value of the animal was determined in accordance with paragraph (3) below, rounded down to the nearest multiple of £4.

whichever is the less;

(b)subject to sub-paragraph (c) below, where the slaughtered animal has been exposed to the infection of brucellosis, an amount equal to its market value;

(c)where the slaughtered animal has been exposed to the infection of brucellosis and is or was comprised in a herd which is not an accredited herd and which is undergoing a series of diagnostic tests for brucellosis, the said compensation shall be an amount equal to 75% of its market value.

(2A) In the case of an animal slaughtered for tuberculosis after the coming into force of this Order the compensation shall be its market value.”.

Jeff Rooker
Minister of State, Ministry of Agriculture, Fisheries and Food
21st August 1998

Signed by authority of the Secretary of State for Wales

Peter Hain
Parliamentary Under Secretary of State, Welsh Office
21st August 1998

We approve

Jim Dowd
Bob Ainsworth
Two of the Lords Commissioners of Her Majesty’s Treasury
21st August 1998

Explanatory Note

(This note is not part of the Order)
This Order amends the Brucellosis and Tuberculosis (England and Wales) Compensation Order 1978 (S.I. 1978/1483 as amended by S.I. 1981/1412 and S.I. 1996/1352). The effect of the amendment is that the amount of compensation payable for cattle slaughtered for tuberculosis by the Minister of Agriculture, Fisheries and Food or the Secretary of State after the coming into force of the Order is changed to the market value of the animal.
A regulatory impact assessment has been prepared and placed in the library of each House of Parliament. Copies can be obtained from the Animal Health (Disease Control) Division of the Ministry of Agriculture, Fisheries and Food, Government Buildings, Hook Rise South, Tolworth, Surbiton, Surrey KT6 7NF.
Note as to Earlier Commencement Orders
(This Note is not part of the Order)
This Order amends the Brucellosis and Tuberculosis (England and Wales) Compensation Order 1978 (S.I. 1978/1483 as amended by S.I. 1981/1412 and S.I. 1996/1352). The effect of the amendment is that the amount of compensation payable for cattle slaughtered for tuberculosis by the Minister of Agriculture, Fisheries and Food or the Secretary of State after the coming into force of the Order is changed to the market value of the animal.
A regulatory impact assessment has been prepared and placed in the library of each House of Parliament. Copies can be obtained from the Animal Health (Disease Control) Division of the Ministry of Agriculture, Fisheries and Food, Government Buildings, Hook Rise South, Tolworth, Surbiton, Surrey KT6 7NF.


(1)
1981 c. 22. See Section 86(1)(c) for a definition of “the Ministers”.

(2)
S.I. 1978/1483 as amended by S.I. 1981/1417 and S.I. 1996/1352.