This Order may be cited as the Foot-And-Mouth Disease (Ascertainment of Value) (Wales) (No. 3) Order 2001; it extends to Wales and comes into force at 5:00p.m. on 26th March 2001.
SourceS.I. 2001/1176 (W.)
The Foot-And-Mouth Disease (Ascertainment of Value) (Wales) (No. 3) Order 2001 (S.I. 2001/1176 (W.))
This Order revokes the Foot-and-Mouth Disease (Ascertainment of Value) (Wales) (No.2) Order 2001 (S.I. 2001/1142) (W.57) and sets out the requirements for the valuation of animals slaughtered or liable to be slaughtered as a result of Foot-and-Mouth disease.
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(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) In this article, βstandard valueβ means in respect of any animal, 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 animalβ
(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 eitherβ
(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 paragraph 3(1) of Schedule 3 to, the Animal Health Act 1981.
The Foot-and-Mouth Disease (Ascertainment of Value) (Wales) (No. 2) Order 2001 is revoked.
Cite this legislation
- Official citation
- S.I. 2001/1176 (W.)
- Source
- legislation.gov.uk
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- OGL-3 β
The Foot-And-Mouth Disease (Ascertainment of Value) (Wales) (No. 3) Order 2001 (legislation.gov.uk, OGL-3). Retrieved via LawPlayer, https://lawplayer.com/uk/act/wsi-2001-1176
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