Tuberculosis Control (Amendment) Order (Northern Ireland) 1998

Link to law: http://www.legislation.gov.uk/nisr/1998/293/made/data.htm?wrap=true
Published: 1998-08-18

Statutory Rules of Northern Ireland
1998 No. 293

ANIMALS
Tuberculosis Control (Amendment) Order (Northern Ireland) 1998

Made
18th August 1998

Coming into operation
19th August 1998

The Department of Agriculture, in exercise of the powers conferred on it by Article 16(1) of, and paragraph 4 of Part II of Schedule 2 to, the Diseases of Animals (Northern Ireland) Order 1981(1) and of every other power enabling it in that behalf, hereby makes the following Order:

Citation and commencement

1.  This Order may be cited as the Tuberculosis Control (Amendment) Order (Northern Ireland) 1998 and shall come into operation on 19th August 1998.

Amendment of the Tuberculosis Control Order (Northern Ireland) 1964

2.—(1) Subject to Article 3, the Tuberculosis Control Order (Northern Ireland) 1964(2) shall be amended as provided by paragraphs (2) and (3).

(2) For Article 10(1)(3) there shall be substituted the following paragraph—

“(1) Where the Department causes an animal to be slaughtered in accordance with this Order the compensation payable by the Department for the animal shall be an amount equal to its market value.”.

(3) Schedule 1 shall cease to have effect.

Saving

3.  The Tuberculosis Control Order (Northern Ireland) 1964 shall continue to apply in relation to a bovine animal slaughtered in accordance with that Order on or before 18th August 1998, as if this Order had not been made.

Sealed with the Official Seal of the Department of Agriculture for Northern Ireland on

L.S.
N. Cornick
Assistant Secretary
18th August 1998.

Explanatory Note

(This note is not part of the Order.)
This Order further amends the Tuberculosis Control Order (Northern Ireland) 1964 (“the principal Order”) which, inter alia, prescribes the amount of compensation payable for bovine animals which are slaughtered or caused to be slaughtered by the Department because they are reactors when tested for tuberculosis or have been exposed to the possibility of infection with the disease.
Before this Order came into operation the compensation payable was—
(a)in the case of a reactor, an amount equal to 75% of either the animal’s market value or the average price calculated in accordance with the Schedule to the principal Order, whichever was the lower; and
(b)in the case of an animal which was not a reactor, the full market value of the animal.
For all animals slaughtered after the coming into operation of this Order, the compensation is now the market value of the animal. For animals slaughtered before the coming into operation of this Order compensation will continue to be paid under the former arrangements.


(1)
S.I. 1981/1115 (N.I. 22) as amended by S.I. 1984/702 (N.I. 2) Art. 17 and S.I. 1994/1891 (N.I. 6) Articles 20 and 23

(2)
S.R. & O. (N.I.) 1964 No. 31. The relevant amending Orders are S.R. 1981 No. 412, S.R. 1986 No. 48 and S.R. 1996 No. 240

(3)
Paragraph (1) was amended by S. R. 1981 No. 412
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