|Made||26th August 2004|
|Coming into operation||1st October 2004|
Restriction on movement of animals
4. For paragraph (3) of Article 5 there shall be substituted the following paragraph -
Contact with animals on adjoining land
5. After Article 6 there shall be inserted the following Article -
(2) Where a reactor is found in any herd, the keeper of the herd shall take all practical precautions to prevent the infection of any animals kept on the adjoining land by contact with animals on his holding.".
Power to slaughter
6. For Article 10 there shall be substituted the following Article -
(6) The owner of any animal in respect of which there is a notice under paragraph (2) in force shall not slaughter or cause to be slaughtered that animal except under and in accordance with the conditions of a licence issued by the Department for that purpose and where he does so Articles 11 and 11A shall not have effect in relation to that animal.".
Valuation and compensation
7. In Article 11 for paragraph (2) to the end there shall be substituted the following paragraphs -
(6) Within 8 working days of the owner of the animal notifying the Department of the name and address of the nominated valuer in accordance with paragraph (5) -
(7) Where the owner of an animal or the nominated valuer fails to comply with, in the case of the owner, paragraphs (5) or (6)(a) or, in the case of the nominated valuer, paragraph (6)(b), the Department shall determine the market value of the animal.
(8) The calculation of the market value of an animal under this Article or Article 11A shall not take account of any sum to which the owner might have become entitled in respect of the animal under any other statutory or any Community provision.
(9) The amount of compensation payable to the owner of the animal under this Article shall be without prejudice to any entitlement of that person to any payments in respect of the animal under any other statutory or any Community provision.
(10) Notwithstanding any other provisions of this Article, the Department may cause an animal, in respect of which a notice under Article 10(2) is in force, to be slaughtered prior to the determination of its market value under this Article or Article 11A -
(11) Notwithstanding any other provisions of this Article the market value of an animal to which paragraph (10) applies shall be determined by the Department.".
8. After Article 11 there shall be inserted the following Article -
(2) An appeal to a tribunal under this Article shall be submitted in writing within 30 working days of the determination of market value to which it relates and shall be accompanied by -
(3) Following their consideration of an appeal submitted by the Department or the owner of the animal, the tribunal shall determine the market value of the animal and such determination shall be final and binding on the Department and the owner.".
Notification of the presence of tuberculosis
9. For Article 17 there shall be substituted the following Article -
Sealed with the Official Seal of the Department of Agriculture and Rural Development on
26th August 2004.
A senior officer of the Department of Agriculture and Rural Development