Article 26 Reduced compensation for testing delays
This article applies where—
the keeper of the animal is served with a test notice under article 30(1),
the keeper fails to carry out a diagnostic test for tuberculosis by the latest date specified in the notice (“the specified date”),
a diagnostic test for tuberculosis is applied to the animal after the specified date and the test results reveal that the animal is a reactor,
the keeper is informed of the test results by a person who has received consent to test under article 35(a),
the Scottish Ministers cause the animal to be slaughtered under section 32 of the Act, and
the market value of the animal is ascertained in accordance with article 22.
Where this article applies, the compensation payable for a slaughtered animal is—
where the interval between the specified date and the date of the test is more than 60 days but not more than 90 days, 50% of the market value of the animal as ascertained in accordance with article 22, or
where the interval between the specified date and the date of the test is more than 90 days, 5% of the market value of the animal as ascertained in accordance with article 22.
Where this article applies, the Scottish Ministers must notify the keeper of the decision to reduce compensation—
giving the reasons for the decision, and
explaining that the keeper has the right to make written representations to a person appointed by the Scottish Ministers in accordance with article 28.