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The Tuberculosis (Scotland) Order 2007

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[F1Compensation for reactor animalsS

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19A.(1) Subject to article 19C, this article applies where a bovine animal which has been caused to be slaughtered under section 32 of the Act is a reactor and the market value of that bovine animal ascertained in accordance with article 19 exceeds—

(a)£5,000 in the case of a bovine animal other than a pedigree bovine animal, or

(b)£7,500 in the case of a pedigree bovine animal.

(2) Where this article applies, the compensation payable is the sum mentioned in paragraph (1)(a) or (b), whichever is applicable.

(3) For the purposes of this article—

“2016 Regulation” means Regulation (EU) 2016/1012 of the European Parliament and of the Council on zootechnical and genealogical conditions for the breeding, trade in and entry into the Union of purebred breeding animals, hybrid breeding pigs and the germinal products thereof and amending Regulation (EU) No 652/2014, Council Directives 89/608/EEC and 90/425/EEC and repealing certain acts in the area of animal breeding,

“breeding book” has the same meaning as point 12(a) of Article 2 of the 2016 Regulation and “main section of a breeding book” is to be construed in accordance with point 13 of Article 2 of that Regulation,

“breeders’ organisation or association” means a breeders’ organization or association granted recognition under and in accordance with the first sub-paragraph of Article 2 of Commission Decision 84/247/EEC laying down the criteria for recognition of breeder’s organizations and associations which maintain or establish herd-books for pure-bred breeding animals of the bovine species,

“breed society” means a breed society recognised under and in accordance with Article 4(3) of the 2016 Regulation,

“main section of a herd-book” is to be construed in accordance with Article 1 of Commission Decision 84/419/EEC laying down the criteria for entering cattle in herd-books,

“official certificate” means—

(a)

a pedigree certificate issued under and in accordance with Article 1 of Commission Decision 2005/379/EC on pedigree certificates and particulars for pure-bred breeding animals of the bovine species, their semen, ova and embryos, or

(b)

a zootechnical certificate issued under and in accordance with Article 30(1) of the 2016 Regulation,

“pedigree bovine animal” means a bovine animal—

(a)

which, before the relevant date has been entered into—

(i)

the main section of a herd-book by a breeders’ organisation or association, or

(ii)

the main section of a breeding book by a breed society, and

(b)

for which an official certificate has been—

(i)

issued by that breeders’ organisation or association or by that breed society before the relevant date, and

(ii)

presented to the Scottish Ministers, or to a valuer appointed by the Scottish Ministers, for the purposes of article 19, and

“relevant date” means, where a diagnostic test for tuberculosis applied to the animal under these Regulations reveals that the animals is a reactor, the date of that test.]

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