Statutory Instruments
1996 No. 1352
ANIMALS
ANIMAL HEALTH
[F1The Brucellosis and Tuberculosis (England and Wales) Compensation (Amendment) Order 1996
Made
20th May 1996
Laid before Parliament
21st May 1996
Coming into force
23rd May 1996
The Minister of Agriculture, Fisheries and Food in relation to England, and the Secretary of State, in relation to Wales, in exercise of the powers conferred on them by sections 32(3) and 34(7) 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 I1
1. This Order may be cited as the Brucellosis and Tuberculosis (England and Wales) Compensation (Amendment) Order 1996 and shall come into force on 23rd May 1996.
Amendment of the Brucellosis and Tuberculosis (England and Wales) Compensation Order 1978 I2
2.—(1) The Brucellosis and Tuberculosis (England and Wales) Compensation Order 1978(2) shall have effect subject to the following amendments.
(2) For paragraph (4) of article 3 (compensation for and ascertainment of value of bovine animals slaughtered for brucellosis or tuberculosis) there shall be substituted the following paragraph—
“(4) For the purposes of this article, the market value means —
(a)in the case of a bovine animal over 30 months old, either —
(i)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 had been in an accredited herd, or were not an affected animal or a reactor, or, in the case of an animal exposed to brucellosis, had not been so exposed; or
(ii)the purchase price which would have applied had the animal been slaughtered in accordance with Commission Regulation (EC) No. 716/96 adopting exceptional support measures for the beef market in the United Kingdom(3),
whichever is the higher;
(b)in the case of a bovine animal under 30 months old, 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 had been in an accredited herd, or were not an affected animal or a reactor or, in the case of an animal exposed to brucellosis, had not been so exposed.”.
(3) After article 5 (revocation) there shall be added the following article—
Saving
6. In relation to those bovine animals for which compensation has been calculated under the provisions of this Order prior to 23rd May 1996, that calculation shall continue to apply.”
Angela Browning
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
20th May 1996
Signed by authority of the Secretary of State for Wales
Gwilym Jones
Parliamentary Under-Secretary of State, Welsh Office
14th May 1996
We approve,
Derek Conway
Simon Burns
Two of the Lords Commissioners of Her Majesty’s Treasury
16th May 1996F1]
1981 c. 22; see section 86(1) for the definitions of “the Minister” and “the Ministers”. Section 32 was applied to brucellosis by S.I. 1981/1455 and to tuberculosis by S.I. 1984/1943.
S.I. 1978/1483, amended by S.I. 1981/1412.
O.J. No. L99, 19.4.96, p.14, as amended by Commission Regulation (EC) No. 774/96, O.J. L104, 27.4.96, p.21 and Commission Regulation (EC) No. 835/96, O.J. L112/17, 7.5.96, p.17.