Statutory Instrument 2001 No. 1242

The Foot-and-Mouth Disease (Ascertainment of Value) (No. 4) Order 2001

(The document as of February, 2008)

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STATUTORY INSTRUMENTS

2001 No. 1242

ANIMALS

ANIMAL HEALTH

The Foot-and-Mouth Disease (Ascertainment of Value) (No. 4) Order 2001

	Made	28th March 2001
	Coming into force	6.00 pm on 28th March 2001

The Minister of Agriculture, Fisheries and Food, in exercise of the powers conferred on him by sections 1 and 34(7) of the Animal Health Act 1981[1] and of all other powers enabling him in that behalf, makes the following Order:

Title, extent and commencement
    1.This Order may be cited as the Foot-and-Mouth Disease (Ascertainment of Value) (No. 4) Order 2001; it extends to England and comes into force at 6.00 pm on 28th March 2001.

Ascertainment of value of an animal
    2. - (1) For the purposes of paragraph 3(2) of Schedule 3 to the Animal Health Act 1981 the value of an animal slaughtered by the Minister because of foot-and-mouth disease shall be in accordance with this article and not the Diseases of Animals (Ascertainment of Compensation) Order 1959[2].

    (2) In this article, "standard value" means in respect of any animal of a category in the Schedule, the amount set out for that animal in the Schedule.

    (3) If the owner of an animal does not wish to have that animal valued by a valuer, the value for that animal is the standard value.

    (4) Where the owner of an animal - 

(a) decides that he wishes to have the animal valued by a valuer; or

(b) has not expressed any wish under paragraph (3) or (4)(a) in respect of an animal liable to be slaughtered at the direction of the Minister prior to the slaughter of that animal,

the value of the animal is the amount determined in writing by a valuer appointed by the Minister.

    (5) The valuer shall be paid by the Minister.

    (6) If, within 14 days after the owner has received the valuation made in accordance with paragraph (4), he has not given notice in writing that he disputes that valuation, he shall be deemed to have accepted that valuation.

    (7) Where the owner has given notice in accordance with paragraph (6) he may either - 

(a) accept the standard value; or

(b) refer the question of the value of the animal to an arbitrator appointed jointly by the Minister and the owner of the animal, or failing such appointment, by an arbitrator appointed by the President of the Royal Institution of Chartered Surveyors.

    (8) Liability for the costs of the arbitrator shall be determined by the arbitrator.

    (9) Once the value of the animal has been determined in accordance with paragraph 4, nothing in this article shall authorise any delay in the slaughtering of animals pursuant to the powers of the Minister under section 31 of, and Schedule 3(1) to, the Animal Health Act 1981.

Revocation
    3.The Foot-and-Mouth Disease (Ascertainment of Value) (No. 3) Order 2001[3] is revoked.


Hayman
Minister of State Ministry of Agriculture, Fisheries and Food

3:59pm on 28th March 2001

SCHEDULEArticle 2

Animal		Rate
		(£)
SHEEP
Breeding ewes (in lamb/lamb at foot)		90
Cull/draft ewes		32
Hoggets (male and female old season's lamb)		55
New season's lamb		60
Rams		150
PIGS
Gilts		190
Breeding sows		130
Cull sows		80
Piglets on sow		18
Stores: Breeding units (weaners)		30
Stores: Finishing unit		55
Boars		520
CATTLE
Clean cattle: steers (over 7 months and up to 30 months old)		600
Clean cattle: heifers (over 7 months and up to 30 months old)		500
Clean cattle: young bulls (over 7 months and up to 30 months old)		580
Breeding cows (including calves one month old or younger)		1,100
Breeding heifers		900
Breeding bulls		1,000
Calves (over one month and up to 7 months old) -
Dairy breed	Male	150
Dairy breed	Female	300
Beef/beef cross breed	Male	250
Beef/beef cross breed	Female	150
Cull cattle (including clean cattle over 30 months old)		325

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EXPLANATORY NOTE

(This note is not part of the Order)

This Order revokes the Foot-and-Mouth Disease (Ascertainment of Value) (No. 3) Order 2001 (S.I. 2001/1155) and sets out the requirements for the valuation of animals slaughtered or liable to be slaughtered as a result of Foot-and-Mouth disease. It adds various categories of calves to the Schedule.

A Regulatory Impact Assessment has not been prepared.

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Notes:

[1] 1981 c. 22. See section 86(1) for the definitions of "the Ministers" and "the Minister". Functions of "the Ministers", so far as exercisable by the Secretaries of State for Scotland and Wales in relation to England, were transferred to the Minister of Agriculture, Fisheries and Food by the Transfer of Functions (Agriculture and Food) Order 1999 (S.I. 1999/3141).back

[2] S.I. 1959/1335.back

[3] S.I. 2001/1155.back

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ISBN 0 11 029601

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