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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 ascertained after the coming into force of this Order in accordance with this Order and not the Diseases of Animals (Ascertainment of Compensation) Order 1959(1).

(2) The value of an animal valued under this Order shall be the amount determined in writing by a valuer appointed and paid for by the Minister.

(3) If within 14 days after having received the valuation made in accordance with paragraph (2), the owner has not given notice in writing to the Minister that he or she disputes that valuation, it shall be deemed to have been accepted.

(4) Where the owner has given notice in accordance with paragraph (3) he or she may refer the question of the value of the animal to an arbitrator appointed jointly by the Minister and the owner of that animal, or failing such appointment, by an arbitrator appointed by the President of the Royal Institution of Chartered Surveyors.

(5) Liability for the costs of the arbitration shall be determined by the arbitrator.

(6) Once the value of the animal has been determined in accordance with paragraph (2), nothing in this article shall authorise any delay in the slaughtering of that animal pursuant to the powers of the Minister under section 31 of, and paragraph 3(1) of Schedule 3 to, the Animal Health Act 1981.

(1)

S.I. 1959/1335.