Paragraph 2 CompensationF1

(1)

Where an animal is killed because an inspector has reasonable grounds to believe that a TSE susceptible animal has been fed or has had access to unlawful feedingstuffs which consist of—

(a)

specified risk material,

(b)

any material that the inspector has reasonable grounds to believe carries the risk of TSE infectivity, or

(c)

animal protein for which the inspector cannot establish the origin of the TSE infectivity risk,

the Scottish Ministers may pay compensation in accordance with sub-paragraph (4) if the Scottish Ministers consider it appropriate in all the circumstances.

(2)

The Scottish Ministers must give notice of any decision to pay compensation in writing to the owner of the animal.

(3)

The appeal procedure in regulation 10 applies in relation to any such decision.

(4)

The compensation for—

(a)

a bovine animal is the value established in accordance with schedule 3;

(b)

an ovine or caprine animal is the value established in accordance with paragraph 24 of schedule 4; and

(c)

an animal that is not bovine, ovine or caprine, is the market value of the animal calculated in accordance with paragraph 4 of schedule 5.

Annotations

Textual amendments

F1: Sch. 6 substituted (23.5.2019) by The Transmissible Spongiform Encephalopathies (Scotland) Amendment Regulations 2019 (S.S.I. 2019/118), reg. 1, sch.