Article 2 Amendment of the Brucellosis and Tuberculosis Compensation (Scotland) Order 1978

The Brucellosis and Tuberculosis Compensation (Scotland) Order 1978^f1 shall have effect subject to the following amendments.

For paragraph (4) of article 3 (compensation for and ascertainment of value of bovine animals slaughtered for brucellosis or tuberculosis) there shall be substituted the following paragraph:–

“(4)

For the purposes of this article, the market value means–

(a)

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

(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 had been in an accredited herd, or were not an affected animal or a reactor, or, in the case of an animal exposed to brucellosis, had not been so exposed; or

(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.

(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 had been in an accredited herd, or were not an affected animal or a reactor or, in the case of an animal exposed to brucellosis, had not been so exposed.”.

After article 5 (revocation) there shall be added the following article:–

“Saving

6

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.”.