Citation, commencement, application and expiry

1. —(1) This Order may be cited as the Tuberculosis (Non-bovine animals) Slaughter and Compensation (England) Order 2017 and comes into force on 2nd January 2018.

(2) This Order applies in England only.

(3) This Order ceases to have effect on 2nd January 2025.

Interpretation

2. In this Order—

“the Act” means the Animal Health Act 1981;

“camelid” means any species of South American camelid, including llama, alpaca, vicuna and guanaco;

“deer” means deer of any species that are managed by a keeper (including deer that are managed on enclosed park land);

“non-bovine animals” means camelids, deer, goats, pigs and sheep; and

“tuberculosis” means infection with Mycobacterium bovis ( M. bovis ).

Power to slaughter animals affected with tuberculosis

3. The Secretary of State directs that section 32(2) of the Act applies to tuberculosis.

Compensation payable for a slaughtered non-bovine animal

4. Where the Secretary of State causes a non-bovine animal to be slaughtered under section 32(1) of the Act in its application to tuberculosis, the compensation payable under section 32(3) in respect of that non-bovine animal is as set out in the Schedule.

Revocations

5. —(1)The Tuberculosis (Deer and Camelid) Slaughter and Compensation (England) Order 2014( 3 ) is revoked.

(2)Article 18 of the Tuberculosis (Deer and Camelid) (England) Order 2014( 4 ) is revoked.

Review

6. —(1) The Secretary of State must from time to time—

(a) carry out a review of the regulatory provision contained in this Order; and

(b) publish a report setting out the conclusions of the review.

(2) The first report must be published before 2nd January 2023.

(3) Subsequent reports must be published at intervals not exceeding 5 years.

(4)Section 30(4) of the Small Business, Enterprise and Employment Act 2015( 5 ) requires that a report published under this article must, in particular—

(a) set out the objectives intended to be achieved by the regulatory provision referred to in paragraph (1)(a);

(b) assess the extent to which those objectives are achieved;

(c) assess whether those objectives remain appropriate; and

(d) if those objectives remain appropriate, assess the extent to which they could be achieved in another way which involves less onerous regulatory provision.

(5) In this article, “regulatory provision” has the same meaning as in sections 28 to 32 of the Small Business, Enterprise and Employment Act 2015 (see section 32 of that Act).

Article 4

SCHEDULE 1

1. The Secretary of State must determine the species and category of animal, specified in columns 1 and 2 of the table in paragraph 5 into which the non-bovine animal falls.

2. The age of a non-bovine animal is its age at the date on which the notice of intention to slaughter is served.

3. The weight of a pig is its weight at the date on which the notice of intention to slaughter is served.

4. The compensation payable is the amount specified in column 3 of the table, by reference to the applicable species listed in column 1 and the applicable category listed in column 2 of the table.