Article 26 Compensation for bovine animals slaughtered for tuberculosisI1

England and Wales

(1)

Where—

(a)

the Welsh Ministers cause a bovine animal to be slaughtered under the powers conferred by section 32(1) of the Act (slaughter in other diseases) in its application to tuberculosis; and

(b)

that animal is identified by means of eartags and a cattle passport in accordance with the requirements of the Cattle Identification (Wales) Regulations 2007^f1,

the compensation payable under section 32(3) in respect of that animal is to be its value as calculated in accordance with F1Schedule 1.

(2)

Regulation 3 of the Agricultural Subsidies and Grants Schemes (Appeals) (Wales) Regulations 2006^f2 (provision of appeals procedure) applies to the determination of the appropriate figure as if it was a relevant determination.

(3)

In paragraph (2) the “appropriate figure” (“ffigur priodol”) is the figure provided in respect of F2“M” by one of paragraphs 3 to 9 of F3Schedule 1.

F4(4)

Where the Welsh Ministers consider it reasonable—

(a)

payment of compensation may be delayed, in whole or part, to the extent necessary for determining any question as to the amount of compensation payable; and

(b)

any amounts owed to the Welsh Ministers by the keeper of the bovine animal slaughtered may be offset against the compensation payable.

Annotations

Textual amendments

F1: Words in art. 26(1) substituted (1.10.2017) by The Tuberculosis (Wales) (Amendment) Order 2017 (S.I. 2017/711), art. 1(3), Sch. para. 7(a) (with art. 3)
F2: Words in art. 26(3) substituted (1.4.2016) by The Tuberculosis (Wales) (Amendment) Order 2016 (S.I. 2016/328), art. 1(3), Sch. para. 15(a) (with art. 3)
F3: Words in art. 26(3) substituted (1.10.2017) by The Tuberculosis (Wales) (Amendment) Order 2017 (S.I. 2017/711), art. 1(3), Sch. para. 7(b) (with art. 3)
F4: Art. 26(4) inserted (1.4.2016) by The Tuberculosis (Wales) (Amendment) Order 2016 (S.I. 2016/328), art. 1(3), Sch. para. 15(b) (with art. 3)

Commencement

I1: Art. 26 in force at 25.5.2010, see art. 1

Footnotes

f1: S.I. 2007/842 (W. 74).
f2: S.I. 2006/3342 (W.303).