Article 4 Compensation for, and ascertainment of value of, deer slaughtered for tuberculosis

(1)

Where the appropriate Minister causes a deer to be slaughtered under the powers conferred by section 32 of the Act in its application to tuberculosis the compensation payable by him shall, subject to article 5 below, be the amount determined in accordance with the following provisions of this article.

(2)

The said compensation shall be—

(a)

the sum of £600; or

(b)

an amount equal to 50 per cent of the market value of the deer, whichever is the less.

(3)

(a)

Notwithstanding the provisions of articles 3 and 4 of the Diseases of Animals (Ascertainment of Compensation) Order 1959^f1, the market value of a deer which the appropriate Minister proposes to cause to be slaughtered shall, for the purposes of payment of compensation under this Order, be determined—

(i)

by agreement between the appropriate Minister and the owner of the deer, or

(ii)

by one valuer appointed jointly by the appropriate Minister and the said owner, or

(iii)

failing such agreement or appointment, by a valuer nominated by the President of the Royal Institution of Chartered Surveyors or by the President of the Institute of Auctioneers and Appraisers in Scotland.

(b)

A Valuer appointed or nominated under sub-paragraph (a)(ii) or (iii) above shall be paid by the appropriate Minister and shall give to the appropriate Minister and the owner a certificate in writing of the said value.

(c)

For the purpose of obtaining an agreement under sub-paragraph (a)(i) above the appropriate Minister may employ a valuer to agree the market value.

(d)

In this paragraph a reference to a valuer shall be construed as a reference to an individual, and not to a company or firm or to two or more persons jointly.

(4)

For the purposes of this article, the market value of a deer is the price which might reasonably have been obtained for it at the time of valuation from a purchaser in the open market—

(a)

in the case of an affected animal or a reactor, if the deer were not an affected animal or a reactor;

(b)

in the case of a deer which has been exposed to the infection of tuberculosis, if it had not been so exposed.

Annotations

Footnotes

f1: S.I. 1959/1335.