# The Brucellosis Payments Scheme 1971, Article 9: Advance payments


(1) Where an unaccredited herd is in the opinion of the appropriate Minister likely to be eligible for incentive payments under this scheme, and the total number of reactors in the herd disclosed by the first compulsory test and subsequent tests made before the herd becomes accredited amounts to 10 per cent or more of the number of animals tested at the first compulsory test, the appropriate Minister may, on application by the owner of the herd made at such time and in such manner as the appropriate Minister may from time to time require, make to him an advance payment of incentive payments—
(a) in the case of a herd which is, in the opinion of the appropriate Minister, wholly or predominantly eligible for beef incentive payments, at the rate of £5 for each animal in the herd which has been tested, and found not to be a reactor, at the relevant test;
(b) in the case of a herd which is, in the opinion of the appropriate Minister, wholly or predominantly eligible for dairy incentive payments, at the rate of £6.50 for each such animal.
(2) Where an advance payment has been made under sub-paragraph (1) above—
(a) the amount of any beef incentive payments falling due during the year after the date of the entry of the herd in the Register of Brucellosis Accredited Herds kept jointly by the Minister of Agriculture, Fisheries and Food and the Secretary of State shall be reduced by such part of the advance payment as, in the opinion of the appropriate Minister, represents an advance payment of beef incentive payments;
(b) the amount of any dairy incentive payments falling due during the period of 12 calendar months commencing, at the discretion of the board making the payments, with either the first or second calendar month after they have been notified by the appropriate Minister of the entry of the herd in the said Register, shall be reduced, so far as possible by equal instalments, by such part of the advance payment as, in the opinion of the appropriate Minister, represents an advance payment of dairy incentive payments.
(3) Where, as a result of the insufficiency of dairy incentive payments in any month, a board is not able to reduce such payments in accordance with the preceding sub-paragraph, the part of any advance payment thereby unaccounted for, unless otherwise recovered by or on behalf of the appropriate Minister, shall be accounted for by the reduction of such payments in respect of subsequent months as the opportunity arises.
(4) For the purposes of this paragraph “the relevant test” means the test at which the total number of reactors disclosed by that and previous tests, if any, first exceeds 10 per cent of the number of animals tested at the first compulsory test.

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Source: https://www.legislation.gov.uk/uksi/1971/1967/article/9 (the official version)
Page: https://openlegislation.uk/brucellosis-payments-scheme-1971/article-9
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.