Article 18 General provisions relative to slaughter and compensation

(1)

The Department may, notwithstanding anything in this Order, reserve for observation and treatment an animal or bird liable to be slaughtered under this Order at the direction of the Department but subject to payment of compensation by the Department as in case of actual slaugher.

(2)

Where an animal or bird has been slaughtered under this Order at the direction of the Department the carcase shall belong to the Department and shall be buried or sold or otherwise disposed of by or at the direction of the Department, as the condition of the animal, bird or carcase and other circumstances may require or admit.

(3)

If, in any case, the sum received by the Department on sale of a carcase under this Article exceeds the amount paid for compensation to the owner of the animal or bird slaughtered, the Department shall pay that excess to the owner, after deducting reasonable expenses.

(4)

Where an animal or bird has been slaughtered under this Order at the direction of the Department, the Department may use for the burial of the carcase any ground in the possession or occupation of the owner of the animal or bird and suitable in that behalf, or any common or unenclosed land.

(5)

If the owner of an animal or bird slaughtered under this Order at the direction of the Department has an insurance on the animal or bird, the amount of the compensation awarded to him under this Order may be deducted by the insurers from the amount of the money payable under the insurance before they make any payment in respect of the animal or bird.

C1 C2 C3 C4 C5 C6(6)

Notwithstanding anything in this Order, the Department may withhold, either wholly or partially, compensation or other payment in respect of an animal or bird slaughtered under this Order at its direction where, in the judgment of the Department

(a)

the owner or the person having charge of the animal or bird has been guilty of an offence against this Order tending to prejudice the due control of the disease necessitating the slaughter; or

(b)

the animal or bird, being an imported animal or bird, was diseased at the time of its landing or, before or while being brought from any member State, exposed to the infection of disease; or

(c)

the bird was hatched from an imported egg which carried disease or infection at the time of landing or came from the same source as eggs found to carry disease or infection.

C7(7)

The Department may by order—

(a)

prescribe the mode of ascertainment of the value of an animal or bird slaughtered, or liable to be slaughtered, at the direction of the Department;

(b)

regulate applications for, and the mode of payment of, compensation;

(c)

prescribe and regulate the destruction, burial, disposal or treatment of carcases of animals or poultry slaughtered at the direction of the Department.

Annotations

Modifications

C1: Art. 18(6)(7) applied (23.2.2006) by Foot-and-Mouth Disease (Control of Vaccination) Regulations (Northern Ireland) 2006 (S.R. 2006/43), reg. 40(a)
C2: Art. 18(6) applied (23.2.2006) by Foot-and-Mouth Disease Regulations (Northern Ireland) 2006 (S.R. 2006/42), reg. 60(a)
C3: Art. 18(6) applied (10.2.2007) by Avian Influenza and Influenza of Avian Origin in Mammals Regulations (Northern Ireland) 2007 (S.R. 2007/68), reg. 84(b) (with reg. 3)
C4: Art. 18(6) applied (10.2.2007) by Avian Influenza (Vaccination) Regulations (Northern Ireland) 2007 (S.R. 2007/69), reg. 22(1)(a)
C5: Art. 18(6) applied (10.2.2007) by Avian Influenza (Preventive Measures) Regulations (Northern Ireland) 2007 (S.R. 2007/70), reg. 18(a)
C6: Art. 18(6)(7) applied (30.6.2009) by Swine Vesicular Disease Regulations (Northern Ireland) 2009 (S.R. 2009/223), reg. 45(a)
C7: Art. 18(6)(7) applied (23.2.2006) by Foot-and-Mouth Disease (Control of Vaccination) Regulations (Northern Ireland) 2006 (S.R. 2006/43), reg. 40(a)