# The Bovine Spongiform Encephalopathy Compensation Order 1996, Article 3: Compensation for affected and suspected animals slaughtered for bovine spongiform encephalopathy

Extent: E+W+S

(1) Where the Minister causes an affected animal to be slaughtered under the powers conferred on him by section 32(1) of the Animal Health Act 1981 in its application to bovine spongiform encephalopathy, the compensation payable by him shall be an amount equal to either–
(a) the market value of the animal; or
(b) the indicative market price for the month in which the market value of the animal was determined,
whichever is the less.
(2) Where the Minister causes a suspected animal to be slaughtered under the powers conferred on him by section 32(1) of the Animal Health Act 1981 in its application to bovine spongiform encephalopathy, and an examination at a veterinary laboratory of the Ministry of tissues taken from the carcase of the animal does not confirm that it was an affected animal, the compensation payable by the Minister shall be an amount equal to either–
(a) the market value of the animal; or
(b) 125 per cent of the indicative market price for the month in which the market value of the animal was determined,
whichever is the less.
(3) The market value of a bovine animal which the Minister proposes to cause to be slaughtered shall, for the purposes of payment of compensation under this Order, be determined–
(a) by agreement between the Minister and the owner of the animal;
(b) by one valuer appointed jointly by the Minister and the said owner; or
(c) failing such agreement or appointment, by a valuer nominated by the President of the Royal Institution of Chartered Surveyors or, in the case of a bovine animal in Scotland, by the President of the Institute of Auctioneers and Appraisers in Scotland.
(4) A valuer appointed or nominated under paragraph (3)(b) or (c) above shall be paid by the Minister and shall give to the Minister and the owner a certificate in writing of the said value.
(5) The Minister shall take such steps as he considers appropriate for the purpose of bringing to the notice of persons concerned the indicative market price in respect of each month and the total number of animals and the total sale price on which the calculation of such indicative market price was based.

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Source: https://www.legislation.gov.uk/uksi/1996/3184/article/3 (the official version)
Page: https://openlegislation.uk/bovine-spongiform-encephalopathy-compensation-order-1996/article-3
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.