Statutory Rules of Northern Ireland

(a) require that person to detain any animal on the holding on which it is kept, or on such part of the holding as may be specified in the notice;

(b) prohibit the movement of any animal to or from the holding except under and in accordance with the conditions of a licence issued by the Department;

(c) require that person to have such animal subjected to an official test at his own expense and within such time limit, as shall be specified in the notice.".

(a) contact of his herd with animals on adjoining land; and

(b) his herd from straying from the holding.

    (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.".

(a) not move or cause or permit to be moved such animal from the premises specified in the notice under paragraph (2), except under and in accordance with the conditions of a licence granted by the Department;

(b) maintain, at his own expense, such animal until it is removed for slaughter by or on behalf of the Department;

(c) provide facilities that in the opinion of the Department are adequate to ensure the safety of any person involved in determining the market value of the animal or arranging its removal for slaughter;

(d) collect, pen, restrain or otherwise secure and present the animal, in such manner and at such time as the Department shall require, for the purpose of determining its market value or arranging its removal for slaughter; and

(e) make clean water available for the cleansing and disinfection of clothing and equipment used by any person in connection with the determination of the market value of the animal.

    (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.".

(a) nominate a valuer (hereinafter referred to as the "nominated valuer") from the list; and

(b) notify the Department of the name and address of the nominated valuer.

    (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) -

(a) the owner shall arrange for the nominated valuer to determine the market value of the animal and shall be liable for any costs, fees or other expenses incurred by the valuer in carrying out the valuation; and

(b) the nominated valuer shall carry out the valuation and shall give to the Department and the owner a certificate in writing of his determination of the market value of the animal.

    (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 -

(a) where such slaughter is necessary to prevent the spread of disease;

(b) to establish if there has been interference with any sample taken or test carried out under this Order or the Scheme, as the case may be, whereby the result of the test is intended to be affected; or

(c) where in the judgement of the Department the keeper has been guilty of an offence tending to prejudice the due control of the disease.

    (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.".

(a) in the case of an appeal by the Department, under Article 10(6)(b); or

(b) in the case of an appeal by the owner, under Article 10(6)(b), (7) or (11).

    (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 -

(a) full details of the grounds upon which the appeal is sought including documentary or other evidence; and

(b) the change sought to the valuation.

    (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.".

(a) any veterinary surgeon;

(b) the keeper of any herd to which the disease may spread; or

(c) any person who, within the last 56 days has visited, or, in the future is likely to visit or arrange to visit, any holding on which the animal is or has been kept.".