The Tuberculosis (Deer) Notice of Intended Slaughter and Compensation Order 1989
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ANIMALS The Tuberculosis (Deer) Notice of Intended Slaughter and Compensation Order 1989
1. This Order may be cited as the Tuberculosis (Deer) Notice of Intended Slaughter and Compensation Order 1989 and shall come into force on 1st September 1989.
2. In this Order, unless the context otherwise requires— "the Act" means the Animal Health Act 1981; "affected animal" means a deer which is affected with tuberculous emaciation, or is excreting or discharging tuberculous material, or is affected with a chronic cough and shows clinical signs of tuberculosis; "appropriate Minister" means, in relation to England, the Minister of Agriculture, Fisheries and Food, and in relation to Scotland or to Wales, the Secretary of State; "deer" means a deer of any species; "reactor" means a deer which gives rise to a reaction consistent with its being affected with tuberculosis when tested for that disease either by or on behalf of the appropriate Minister or otherwise, as the case may be, provided that in the case of a test otherwise so carried out the result thereof has been reported to the appropriate Minister.
3.—(1) Where the appropriate Minister intends to cause a deer to be slaughtered under section 32 of the Act in its application to tuberculosis[2] a veterinary inspector may serve a notice in the form set out in the Schedule to this Order on the owner or person incharge of the deer informing him of the intended slaughter and requiring him to detain the deer pending such slaughter (or pending its surrender and removal for such slaughter) on such part of the premises on which it is kept as is specified in the notice and to isolate it as far as practicable from other deer and from cattle. (2) The person on whom such a notice has been served—
4.—(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—
(3)
(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—
5.—(1) Notwithstanding anything in article 4 above, the compensation payable in respect of the slaughter of a deer to which this article applies, being a deer which the appropriate Minister causes to be slaughtered under the powers conferred by section 32 of the Animal Health Act 1981 in its application to tuberculosis, shall consist of the value of the carcase of the animal, less the expenses reasonably incurred by the appropriate Minister in relation to the deer before slaughter, to the slaughter of the deer and to the subsequent disposal of its carcase. (2) This article applies to any deer ("the control animal") as respects which it is a condition of an import licence issued under the Importation of Animals Order 1977[4] allowing any other deer ("the imported animal") to be landed in Great Britain that the control animal shall be placed with the imported animal during quarantine, there to serve as a control in relation to the imported animal as respects any disease of deer.
Notes: [1] 1981 c. 22; section 86(1) contains a definition of "the appropriate Minister" relevant to the exercise of the statutory powers under which this Order is made. The definition of "disease" in section 88(1) of the Act was extended, in relation to England and Wales, by article 3 of S.I. 1984/1943 so as to include tuberculosis and, in relation to Scotland, by a corresponding provision of S.I. 1984/2063. back [2] Section 32 was applied to tuberculosis in relation to England and Wales, by article 3 of S.I. 1984/1943 and, in relation to Scotland, by a corresponding provision in S.I. 1984/2063. back |
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