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Statutory Instruments of the Scottish Parliament |
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You are here: BAILII >> Databases >> Statutory Instruments of the Scottish Parliament >> The Foot-and-Mouth Disease (Ascertainment of Value) (Scotland) (No. 3) Order 2001 URL: http://www.bailii.org/scot/legis/num_reg/2001/20010130.html |
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The Scottish Ministers, in exercise of the powers conferred by sections 1 and 34(7) of the Animal Health Act 1981[1] and of all other powers enabling them in that behalf, hereby make the following Order: Citation, commencement and extent 1. - (1) This Order may be cited as the Foot and Mouth Disease (Ascertainment of Value) (Scotland) (No. 3) Order 2001 and shall come into force at 5.00 p.m. on 30th March 2001. (2) This Order extends to Scotland only. Ascertainment of value of an animal 2. - (1) For the purposes of the Animal Health Act 1981, the value of an animal caused to be slaughtered by the Scottish Ministers because of foot-and-mouth disease shall be ascertained 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 specified in the Schedule to this Order, the amount set out for that animal in that Schedule. (3) If the owner of an animal elects not to have that animal valued by a valuer, the value for that animal shall be the standard value. (4) Where the owner of an animal-
(b) has not made any election under paragraph (3) or sub-paragraph (a) above in respect of an animal liable to be caused to be slaughtered by the Scottish Ministers prior to the slaughter of that animal,
the value of the animal, for the purpose of paragraph 3(2) of Schedule 3 to the Animal Health Act 1981 shall be the amount determined in writing by a valuer appointed by the Scottish Ministers.
(b) elect that the question of the value of the animal be referred to an arbiter.
(8) Where the owner elects that the question of the value of an animal be referred to an arbiter in terms of paragraph (7)(b) above, the arbiter shall be appointed jointly by the Scottish Ministers and the owner of the animal, or failing such appointment, by an arbiter appointed by the President of the Institute of Auctioneers and Appraisers in Scotland and liability for the costs of the arbiter shall be determined by the arbiter.
EXPLANATORY NOTE (This note is not part of the Order) This Order, which extends to Scotland only, replaces the existing system for ascertaining the value of animals slaughtered because of foot-and-mouth disease. It replaces the Foot and Mouth Disease (Ascertainment of Value) (Scotland) (No. 2) Order 2001 with amendments to the procedure for valuation and the Schedule of values to allow a standard value for calves. A Regulatory Impact Assessment has not been prepared. [1] 1981 c.22. See section 86(1) for the definitions of "the Ministers". The functions of "the Ministers", so far as exercisable in relation to Scotland, were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c.46).back
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| © Crown copyright 2001 | Prepared 19 April 2001 |
