Article 2 Amendment of the Bovine Spongiform Encephalopathy Compensation Order 1994

The Bovine Spongiform Encephalopathy Compensation Order 1994^f1 shall have effect subject to the following amendments.

In article 2 (interpretation) for the definition of “market value” there shall be substituted the following definition—

• ““market value” means

  1. (a)

     in the case of a bovine animal over 30 months old, either—

     1. (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 were not an affected or suspected animal, or

     2. (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^f2,

     whichever is the higher,

  2. (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 were not an affected or suspected animal;”.

In article 4 (revocation and saving), for paragraph (2) there shall be substituted the following paragraph—

“(2)

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.”.

In the Schedule, in the words following the formula for the calculation of the indicative market price, for the words “D equals the average price for first and second quality barrener cattle of dairy breeds” there shall be substituted the words,

• “D equals the average purchase price paid in the case of barrener cattle of dairy breeds slaughtered in accordance with Commission Regulation (EC) No. 716/96 adopting exceptional support measures for the beef market in the United Kingdom.”.