The Tuberculosis (Wales) Order 2011

Article 20

SCHEDULECalculation of the value of a non-bovine animal slaughtered for tuberculosis

Calculation

1.  The value of a non-bovine animal slaughtered for tuberculosis is to be calculated using the following formula—

Veterinary improvement notice

2.—(1) This paragraph applies where the keeper of a non-bovine animal has been served with a veterinary improvement notice and fails to comply with one or more of its requirements.

(2) Where—

(a)the keeper fails to comply with one requirement in the veterinary improvement notice;

(b)a non-bovine animal has been tested under article 9 (tuberculosis testing);

(c)that non-bovine animal has been slaughtered following that test under section 32(1) of the Act as it applies to tuberculosis; and

(d)that test was applied to the herd that included that non-bovine animal (after the keeper was served with the veterinary improvement notice)—

(i)for the first time, “B” is 0.75;

(ii)for the second time, “B” is 0.5; or

(iii)subsequently, “B” is 0.05.

(3) Where—

(a)the keeper fails to comply with more than one requirement in the veterinary improvement notice;

(b)a non-bovine animal has been tested under article 9;

(c)that non-bovine animal has been slaughtered under section 32(1) of the Act as it applies to tuberculosis following that test; and

(d)that test was applied to the herd that included that non-bovine animal, (after the keeper was served with the veterinary improvement notice)—

(i)for the first time, “B” is 0.5; or

(ii)subsequently, “B” is 0.05.

Failure to have a non-bovine animal tested

3.—(1) Where—

(a)the keeper of a non-bovine animal has been required to have it tested with a relevant test by a date specified in a notice (“the specified date”) served under article 9(1) (tuberculosis testing);

(b)the test has been carried out on a date (“the test date”) which is after the specified date;

(c)the non-bovine animal has been slaughtered under section 32(1) of the Act as it applies to tuberculosis following the test; and

(d)the interval between the specified date and the test date is—

(i)more than 60 days but not more than 90 days, “B” is 0.75;

(ii)more than 90 days but not more than 180 days, “B” is 0.5; and

(iii)more than 180 days, “B” is 0.05.

(2) Where a non-bovine animal has been slaughtered following the application of the relevant test under article 9(5), “B” is 0.05.

(3) Where a non-bovine animal has been slaughtered by virtue of the provisions of article 9(6), “B” is 0.05.

Breach of obligations

4.—(1) Where—

(a)the Welsh Ministers are satisfied beyond reasonable doubt that the keeper of a non-bovine animal has committed an offence under section 73 of the Act (general offences) by virtue of this Order; and

(b)a non-bovine animal has been slaughtered under section 32(1) of the Act as it applies to tuberculosis—

(i)within the period of 6 months of sub-paragraph (1)(a) being satisfied; or

(ii)after the expiry of that period, following the first application to the keeper’s non-bovine animals of the relevant test; and

(c)sub-paragraph (1)(a) is satisfied on—

(i)one occasion, “B” is 0.5; and

(ii)more than one occasion, “B” is 0.05.

(2) This paragraph does not apply to a failure to comply with notices served under article 8(1) or 9(1).

Other cases

5.  Where paragraphs 2, 3, and 4 do not apply, “B” is 1.