Animal Health and Welfare Act 2013

32.

Valuation.

32.—(1) The Minister may appoint, for the purposes of assessing an amount of compensation for farm animals, animal products, animal feed or other thing relating to farm animals, such persons as valuers, if the Minister is satisfied that a person appointed has—

( a) the requisite experience in valuing, or

( b) knowledge of the value of,

farm animals, animal products, animal feed or other thing relating to farm animals having regard to criteria laid down in regulations under subsection (8) (if any).

(2) A valuer shall be furnished with a warrant of his or her appointment and, if requested by a person affected, the valuer shall produce the warrant, or other evidence that he or she is so appointed, for inspection.

(3) The owner or person in possession or control of a farm animal, animal product, animal feed or other thing relating to a farm animal, the subject of a claim for compensation and his or her employees, servants or agents shall give all assistance required and co-operate with a valuer or a person accompanying a valuer, during the valuation.

(4) Subject to subsection (6) or regulations under subsection (8), a valuer is independent in the performance of his or her functions.

(5) A second valuation shall be carried out by another valuer chosen in accordance with regulations under subsection (8).

(6) The Minister may issue guidelines relating to the valuation of a farm animal, animal product, animal feed or other thing relating to a farm animal and a valuer, or an arbitrator appointed under F7 [ this section ], shall have regard to those guidelines (if any) when carrying out valuations.

(7) The killing, destruction or disposal of an animal, animal product, animal feed or other thing relating to a farm animal shall, in the interests of—

( a) disease control,

( b) minimising the risk of disease, or

( c) curtailing the spread of disease or a disease agent,

proceed, without delay, under the direction of an authorised officer notwithstanding that there might subsequently be a question of the determination of ownership or value of the animal, animal product, animal feed or thing or an issue relating to valuation and compensation in respect of it.

(8) The Minister may by regulations provide for any or all of the following:

( a) the method of assessing the value, subject to any limitation provided for under section 34 , of a farm animal, animal product, animal feed or other thing relating to a farm animal;

( b) historical reference periods on which to base the valuation of farm animals, animal products, animal feed or other things relating to farm animals, and different reference periods may be provided for farm animals, animal products, animal feeds or other things relating to farm animals generally or of farm animals, animal products, animal feed or other things relating to farm animals of a particular class or description;

( c) the manner of assessment of compensation;

( d) criteria to be taken into account in the assessment of compensation;

( e) the determination of compensation by agreement between the applicant and the Minister;

( f) the manner in which a valuer or arbitrator is chosen to act in a particular case whether agreement, by appointment by the applicant or the Minister, by lot, or by any other method that the Minister may prescribe in the regulations;

( g) the periods within which—

(i) an application for compensation must be made,

(ii) a valuation, or part of a valuation, process must be completed, and

(iii) a request for arbitration must be made;

( h) the consequences of failure to comply with a period set out in accordance with paragraph (g).

(9) Regulations under subsection (8) may contain such incidental, supplementary and consequential provisions as appear to the Minister to be necessary for the purposes of the regulations.

Annotations:

Amendments:

F7

Substituted (28.05.2019) by Greyhound Racing Act 2019 (15/2019), s. 66 item 6, commenced on enactment.

Editorial Notes:

E9

Power pursuant to section exercised (29.05.2019) by Diseases of Poultry (Compensation) Regulations 2019 (S.I. No. 244 of 2019).

E10

Power pursuant to section exercised (1.04.2015) by Animal Health and Welfare (Bovine Tuberculosis) Regulations 2015 (S.I. No. 58 of 2015), in effect as per reg. 1(2).