The Individual Ascertainment of Value (England) Order 2012

• Citation: S.I. 2012/1380
• Sections: 5

Section 1 Title, application, commencement and expiry

This Order—

(a) may be cited as the Individual Ascertainment of Value (England) Order 2012;

(b) comes into force on 1st July 2012; and

(c) ceases to have effect on 1st July 2019.

Section 2 Interpretation

In this Order “the principal Order ” means the Cattle Compensation (England) Order 2012 and words and expressions defined in the principal Order have the same meaning.

Section 3 Individual ascertainment of value

(1) Where—

(a) there are either no sale price data, or inadequate sale price data in accordance with paragraph 3(1) of the Schedule to the principal Order, and the Secretary of State decides to pay compensation at the level of the market value as permitted under paragraph 3(2)(b) of that Schedule, or

(b) the animal in question is a bison or a buffalo,

the market value is to be ascertained by means of a valuation carried out in accordance with this article.

(2) A valuation shall be carried out—

(a) by a single valuer appointed jointly by the Secretary of State and the keeper of the animal; or

(b) failing such joint appointment, by a single valuer appointed by the Secretary of State.

(3) The appointed valuer shall issue a certificate in writing of the market value of the animal to the Secretary of State and the keeper of the animal.

(4) Where paragraph 4 (compensation payable following delays in testing for tuberculosis) of the Schedule to the principal Order applies, then following receipt of the valuer’s certificate the Secretary of State must, subject to paragraph 5 of that Schedule, reduce the compensation payable to the keeper of the animal in accordance with that paragraph 4.

Section 4 Review of the Order

(1) Before 1st July 2017 the Secretary of State must—

(a) carry out a review of this Order;

(b) set out the conclusions of the review in a report; and

(c) publish the report.

(2) The report must, in particular—

(a) set out the objectives intended to be achieved by this Order;

(b) assess the extent to which those objectives are achieved; and

(c) assess whether those objectives remain appropriate and, if so, the extent to which they could be achieved with a system that imposes less regulation.

Section 5 Revocation

The Individual Ascertainment of Value (England) Order 2005 is revoked.