Statutory Instrument 2006 No. 168
The Cattle Compensation (England) Order 2006
(The document as of February, 2008. Arhiv.Online Library)
2006 No. 168
The Cattle Compensation (England) Order 2006
The Secretary of State, in exercise of the powers conferred by section 32(3) of the Animal Health Act 1981 and now vested in her, with the approval of the Treasury, makes the following Order:
Title, commencement and application
1.—(1) This Order may be cited as the Cattle Compensation (England) Order 2006 and shall come into force on 1st February 2006.
(2) This Order applies in England only.
2.In this Order—
(b) in relation to tuberculosis, a cow which is affected with tuberculosis of the udder or is giving tuberculosis milk, or a bovine animal which is affected with tuberculosis emaciation, or is excreting or discharging tuberculosis material, or is affected with a chronic cough or shows any other clinical signs of tuberculosis;
(c) in relation to enzootic bovine leukosis, a bovine animal that is affected with enzootic bovine leukosis or is infected with the bovine leukosis virus;
(b) in respect of a pedigree bovine category, for any given month, a price calculated in accordance with paragraph 2 of Schedule 1;
(b) in relation to Enzootic Bovine Leukosis, the same as in the Enzootic Bovine Leukosis (England) Order 2000; and
Compensation for bovine animals slaughtered for brucellosis, tuberculosis or enzootic bovine leukosis
(b) tuberculosis, or
(c) enzootic bovine leukosis,
compensation is payable in relation to those animals which are identified by means of eartags and a cattle passport in accordance with the requirements of the Cattle Identification Regulations 1998 and shall be determined in accordance with the following provisions of this article.
(b) in respect of affected animals or suspected animals slaughtered for tuberculosis—
(ii) where the skin test is negative, or no skin test has been carried out, the date on which a clinical sample is taken from that animal for the purposes of any other relevant test; or
(iii) where no other relevant test has been carried out, but the animal has been slaughtered because it has been exposed to infection as a result of contact with, or close proximity to, an affected or suspected animal, the same date as the relevant date for that affected or suspected animal.
(6) The Secretary of State may appoint an agent to act on her behalf for the purposes of the determination referred to in paragraph (4).
(b) as a result of a positive or inconclusive skin test read before 1st February 2006; or
(c) as a result of any other relevant test for tuberculosis, the clinical sample for which was taken before 1st February 2006.
1.—(1) The average market price for each non-pedigree bovine category shall be calculated in respect of each month from data collected in Great Britain relating to the sale prices of animals of that category in the preceding month.
(2) Subject to sub-paragraph (3), it shall be the amount obtained by dividing the sum of those sale prices by the total number of animals of that category for which sale price data have been collected.
(3) Where, in respect of any non-pedigree bovine category in any given month, the Secretary of State considers that the sale price data collected pursuant to sub-paragraph (1) are inadequate, or where no such data are available, the average market price for the month shall be the most recently ascertained average market price for the same category, where one has been previously calculated.
2.—(1) The average market price for each pedigree bovine category shall be calculated in respect of each month from data collected in Great Britain relating to the sale price of animals of that category in the preceding six months.
(2) Subject to sub-paragraph (3) it shall be the amount obtained by dividing the sum of those sale prices by the total number of animals in that category for which sale price data have been collected.
(3) Where, in respect of any particular pedigree bovine category in any given month, there is no available sale price data for any of the preceding six months or the Secretary of State considers that the available data for every one of these months is inadequate, the average market price for the month shall be the most recently ascertained average market price for the same category, where one has been previously calculated.
3.The sale price data referred to in paragraphs 1 and 2 shall be collected from store markets, prime markets, rearing calf sales, breeding sales and dispersal sales.
Table of Bovine Categories
(This note is not part of the Order)
This Order revokes and replaces the Cattle Compensation (England) Order 2005 (S.I. 2005/3433) with amendments. It amends the savings provision to provide that the Brucellosis and Tuberculosis (England and Wales) Compensation Order 1978 (S.I. 1978/1483) continues to apply in respect of any bovine animal of the genus Bos slaughtered for tuberculosis pursuant to a notice for slaughter served before this Order comes into force or as a result of a positive or inconclusive skin test or any other relevant test carried out before this Order comes into force. There are no other changes of substance to the revoked Order.
The Order provides for rates of compensation where the Secretary of State causes a bovine animal to be slaughtered under section 32 of the Animal Health Act 1981 (c.22) in its application to brucellosis, tuberculosis or enzootic bovine leukosis.
Under this Order the amount of compensation payable on slaughter of a bovine animal, in the case of buffalo or bison, is the market value of that animal, ascertained in accordance with the Individual Ascertainment of Value (England) Order 2005, S.I. 2005/3434, and in the case of a bovine animal of the genus Bos is either the average market price for the bovine category into which the slaughtered animal falls at the relevant date, calculated in accordance with Part 1 of the Schedule, or the market value of the animal. Again, market value is ascertained in accordance with the Individual Ascertainment of Value (England) Order 2005.
The bovine categories in this Order are defined by the breed, age, sex, pedigree status and breeding history of the animal and the average market price for each category is published every month on the Department for Environment, Food and Rural Affair's website at www.defra.gov.uk.
This Order is made under section 32(3) of the Animal Health Act 1981, which provides that orders made under it shall be subject to annulment in pursuance of a resolution of either House of Parliament. The Individual Ascertainment of Value (England) Order 2005 is made under section 34(7) of the Animal Health Act 1981, which gives the Secretary of State the power to make orders for prescribing the mode of ascertainment of value of an animal slaughtered and does not require that orders made under this section be laid before Parliament. The provisions governing individual valuation therefore appear in that separate Order.
A full regulatory impact assessment of the effect this instrument will have on the costs of business is available from Area 104, TB Division, Department for Environment, Food and Rural Affairs, 1A Page Street, London, SW1P 4PQ.
1981 c.22. See section 86(1) for the definition of "the Minister" and "the Ministers".back
Functions conferred under the 1981 Act on "the Minister" and "the Ministers" are now exercisable by the Secretary of State. Functions of "the Ministers" were transferred, so far as exercisable by the Secretaries of State for Scotland and Wales, to the Minister of Agriculture, Fisheries and Food by the Transfer of Functions (Agriculture and Food) Order 1999 (S.I. 1999/3141). Functions of the Minister of Agriculture, Fisheries and Food were then further transferred to the Secretary of State by the Ministry of Agriculture, Fisheries and Food (Dissolution) Order 2002 (S.I. 2002/794).back
S.I. 1998/871 to which there are amendments not relevant to this Order.back
OJ No. L125, 12.05.1984, p.58.back
S.I. 1978/1483 as amended by S.I. 1981/1412, S.I. 1996/1352 and S.I. 1998/2073.back
S.I. 1984/1943, to which there are amendments not relevant to this Order.back
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