Bovine tuberculosis compensation arrangements: consultation

Part 4 - Other Changes Being Made

As part of the general update of the Tuberculosis (Scotland) Order 2007 we propose to tighten up some of the existing rules to avoid confusion and to ensure that they are applied properly. Scottish Government is not consulting on these changes (6-9 which are included in this document for awareness only.

6. Cost recovery where removal of a reactor animal is refused

Historically, refusal by the owner to allow removal of a TB reactor animal is something that rarely happens in Scotland. We intend however to make a small change to the Tuberculosis (Scotland) Order 2007 in order to make it clear that we would look to recover costs from the owner should such a situation arise.

7. Non-payment of compensation for NOR animals

The Tuberculosis (Scotland) Order 2007 currently specifies that where animals are slaughtered under section 32 of the Animal Health Act 1981, compensation should be paid at market value.

However, cattle that have had a Notice of Registration ( NOR) instead of a cattle passport issued by BCMS can't ever be sold on the open market and are therefore deemed to have no commercial value for the purposes of slaughter valuation.

On that basis these animals are therefore not eligible for compensation should they become diseased and subsequently slaughtered under the TB Order.

Scottish Government therefore intend to change the Tuberculosis (Scotland) Order 2007 in order to make it clear that in order for cattle to be paid compensation they must be identified with an eartag and have a cattle passport issued in accordance with the Cattle Identification (Scotland) Regulations 2007.

8. State Aid Rules - Non-payment of compensation where infection is caused deliberately or by owner negligence.

In June 2014 the European Commission introduced new legislation on the provision of State Aid. One new requirement of that legislation was that no compensation should be paid by Member States where it can be established that animal disease was caused either deliberately or by the negligence of the beneficiary (owner) ( EU No 702/2014 – Article 26(12)).
This is not currently reflected on the face of the Tuberculosis (Scotland) Order 2007, but to pay compensation in such circumstances would be contrary to EU law and considered illegal state aid.

We realise that relying on the TB Order while also taking account of EU No 702/2014 – Article 26(12) is neither clear nor transparent for cattle keepers and so the Scottish Government is considering whether it would be appropriate to adjust Scottish legislation to reflect this requirement.

9. Prohibition on testing

The Tuberculosis (Scotland) Order 2007 (Article 13) currently specifies that no person shall test a bovine animal with tuberculin without the written consent of the Scottish Ministers.

The Scottish Government intends to extend this prohibition so that no person is permitted to perform any test for tuberculosis without the written consent of Scottish Ministers and that anyone given such consent, must report the result of that test to Scottish Ministers as soon as it is known.

This proposal is intended to capture newly developed serological tests, which at present may be used without permission or condition