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Statutory Instruments

2001 No. 1242

ANIMALS

ANIMAL HEALTH

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

Made

28th March 2001

Coming into force

6.00 pm on 28th March 2001

The Minister of Agriculture, Fisheries and Food, in exercise of the powers conferred on him by sections 1 and 34(7) of the Animal Health Act 1981( 1 ) and of all other powers enabling him in that behalf, makes the following Order:

Title, extent and commencement

1. This Order may be cited as the Foot-and-Mouth Disease (Ascertainment of Value) (No. 4) Order 2001; it extends to England and comes into force at 6.00 pm on 28th March 2001.

Ascertainment of value of an animal

2. —(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 1959( 2 ).

(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.

Revocation

3.The Foot-and-Mouth Disease (Ascertainment of Value) (No. 3) Order 2001( 3 ) is revoked.

Hayman

Minister of State Ministry of Agriculture, Fisheries and Food

3:59pm on 28th March 2001

Article 2

SCHEDULE

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
( 1 )

1981 c. 22 . See section 86(1) for the definitions of “the Ministers” and “the Minister”. Functions of “the Ministers”, so far as exercisable by the Secretaries of State for Scotland and Wales in relation to England, were transferred to the Minister of Agriculture, Fisheries and Food by the Transfer of Functions (Agriculture and Food) Order 1999 (S.I. 1999/3141 ).

( 2 )

S.I. 1959/1335 .

( 3 )

S.I. 2001/1155 .

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format.
The Foot-and-Mouth Disease (Ascertainment of Value) (No. 4) Order 2001 (2001/1242)

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The Foot-and-Mouth Disease (Ascertainment of Value) (No. 4) Order 2001 2001 No. 1242 Order revoked The Foot-and-Mouth Disease (Ascertainment of Value) (No. 5) Order 2001 2001 No. 2734 art. 3 Not yet

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