LegalizeThe Foot-And-Mouth Disease (Ascertainment of Value) (Wales) (No. 4) Order 2001
Made: 6.55pm on 29th March 2001
Coming into force: 10.00 pm on 29th March 2001
The National Assembly for Wales and the Minister of Agriculture, Fisheries and Food, in exercise of the powers conferred on them by sections 1 and 34(7) of the Animal Health Act 1981[^f00001] and of all other powers enabling them in that behalf, make the following Order:
Title, application and commencement
1
This Order may be cited as the Foot-And-Mouth Disease (Ascertainment of Value) (Wales) (No. 4) Order 2001; it applies to Wales and comes into force at 10.00 pm on 29th 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[^f00002].
- (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)(Wales) (No. 3) Order 2001[^f00003] is revoked.
SCHEDULE
| 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 |
Signed
Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998[^f00004]
Dafydd Elis-Thomas — The Presiding Officer of the National Assembly — At 6.00pm on 29th March 2001
Helene Hayman — Minister of State Ministry of Agriculture, Fisheries and Food — Signed at 6.55pm on 29th March 2001
Explanatory note
(This note is not part of the Order)
This Order revokes the Foot-and-Mouth Disease (Ascertainment of Value) (Wales)(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 categories of calves to the Schedule.
A Regulatory Appraisal has not been prepared.
Footnotes
[^f00001]: 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 Secretary of State for Scotland in relation to Wales, were transferred to the Minister of Agriculture, Fisheries and Food by the Transfer of Functions (Agriculture and Food) Order 1999 (S.I. 1999/3141). Functions of “the Ministers”, so far as exercisable by the Secretary of State for Wales in relation to Wales, were transferred to the National Assembly for Wales by the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672).
[^f00002]: S.I. 1959/1335.
[^f00003]: S.I. 2001/1176 (W.62).
[^f00004]: 1998 c. 38.
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