Animal Health and Welfare Act 2013

35.

Abatement of compensation.

35.—(1) The Minister may reduce or refuse to pay an amount of compensation to an owner in respect of a farm animal, animal product, animal feed or other thing relating to a farm animal, if in his or her opinion, the owner—

( a) failed to take reasonable measures to alleviate the risk, or spread, of disease or a disease agent,

( b) failed to take appropriate biosecurity measures or such measures (if any) prescribed in animal health and welfare regulations,

( c) failed to comply, in a material way, with a relevant code of practice,

( d) obstructed or impeded, or failed to give assistance to an authorised officer or a valuer in the exercise of his or her functions under this Act,

( e) in making an application for compensation or in a previous application for a licence, permit, authorisation, registration or approval under this Act failed to give information required or gave information that is false or misleading in a material respect,

( f) has contravened—

(i) this Act,

(ii) the Animal Remedies Act 1993,

(iii) regulations made under the European Communities Act 1972 relating to an animal, animal product or animal feed, or

(iv) an act adopted by an institution of the European Union relating to an animal, animal product or animal feed,

or

( g) imported, sold, supplied, moved or otherwise dealt with the farm animal, animal product, animal feed or other thing to which the application for compensation relates in contravention of an enactment to which paragraph (f) refers.

(2) Where a person is convicted of an offence under this Act, the Animal Remedies Act 1993 or regulations made under the European Communities Act 1972 relating to an animal, animal product, animal feed or other thing killed, destroyed or disposed of under section 30 or that dies before being killed, he or she is not entitled to compensation in respect of the animal, animal product, animal feed or other thing to which the conviction relates.

(3) Where the Minister proposes to reduce or refuse to pay an amount of compensation otherwise payable to an owner referred to in subsection (1), he or she shall—

( a) inform in writing the owner, stating the proposal and giving reasons for the proposal, and informing the owner that he or she may make representations in relation to the proposal within 14 days of the date of the notice,

( b) consider any representations duly made, and

( c) make a decision and inform in writing the owner, stating the decision and the reasons for the decision.