Bovine TB

Slaughter and compensation

Owners of bovine animals in Scotland whose animals are affected or suspected of being affected by bovine tuberculosis (TB) will be slaughtered under Part 5 of the Tuberculosis (Scotland) Order 2023 as made under section 32 of the Animal Health Act 1981 (The Act) for the purpose of TB control.

The Act gives powers for these affected or suspected animals to be slaughtered in the interests of both human and animal health. Owners may also be compensated under section 32(3) of The Act provided they have complied with the requirements of the Cattle Identification Regulations 2007 (as amended) which requires cattle to be identified by means of ear tags and have a valid cattle passport.

In Scotland, the compensation is paid at market value (‘the purchase price which might reasonably have been obtained for it at the time of valuation from a purchaser in the open market if the animal was not affected with TB’) calculated in accordance with Article 21 of the Tuberculosis (Scotland) Order 2023 and is paid only for animals slaughtered as part of a bovine TB control programme. Owners with animals that die or are killed for any other reason, even if TB is subsequently identified in the carcase, will not receive compensation for those animals.

Policy to reduce compensation in certain circumstances is intended to ensure that TB controls both incentivise compliance with the rules and encourage cattle keepers to follow best practice when purchasing and moving cattle throughout Scotland and beyond.

A two tier cap on the amount of compensation paid for individual animals

The maximum amount of compensation paid for each individual TB reactor that is slaughtered for disease control purposes, will be subject to a two tier cap depending on the relevant category of the animal. The cap has been set at:

• £7,500 for all pure bred pedigree bovine animals whose market value exceeds this amount
• £5,000 for all other non-pedigree bovine animals whose market value exceeds this amount

This is accounted for in Article 23 of The Tuberculosis (Scotland) Order 2023.  

Reduced compensation for overdue TB testing

Provisions are in place to reduce the amount of compensation paid, where an owner has allowed their statutory TB testing to go overdue by more than 60 days and TB reactors are subsequently disclosed in that herd.

The reduction will be applied on a sliding scale which means that the longer the delay in testing the greater the reduction in compensation.

Where the interval between the date the test should have been completed and the actual date it was completed is more than 60 days but not more than 90 days - the compensation amount paid will be 50% of the animal’s market value.

Where the interval between the date the test should have been completed and the actual date it was completed is more than 90 days - the compensation amount paid will only be 5% of the animal’s market value.

There is an appeals process outlined under Article 28 of the TB Order to allow this decision to be reviewed where the keeper feels there is a valid reason. 

Nominal payment of compensation for animals moved illegally onto restricted herds

We understand that for a number of reasons there is sometimes a need for cattle to be moved onto a TB restricted farm. In these situations APHA may be able to provide the herd owner with a licence allowing them to legally bring animals into the herd, but any such licence requests will only be approved subject to a veterinary risk assessment being carried out and not until after the first short interval TB test has been completed. 

This is because herds which are under TB movement restrictions must not be restocked until all cattle over 42 days of age have had a least one clear TB test, as the true extent of the disease outbreak will not be known until the results of the first short interval test are known and have been fully assessed.

Provisions have now been introduced to withhold compensation, paying only a £1 nominal sum, where owners have acted both irresponsibly and illegally and moved cattle onto a restricted herd without a licence, and these animals subsequently go on to become TB reactors.

There is an appeals process outlined under Article 28 of the TB Order to allow this decision to be reviewed where the keeper feels there is a valid reason. 

Reduced compensation for unclean cattle presented at slaughter for TB control purposes

This measure will come into force on 18 May 2023 as part of changes under The Tuberculosis (Scotland) Order 2023. This policy reduces compensation by 50% in instances where the animal has been presented in an unclean state, with a clear long term build up of dirt, at the slaughterhouse.

There is an appeals process outlined under Article 28 of the TB Order to allow this decision to be reviewed where the keeper feels there is a valid reason.

Reduced compensation for reactors or inconclusive reactors not isolated

This measure will come into force on 18 May 2023 as part of changes under The Tuberculosis (Scotland) Order 2023. This will reduce compensation by 95% in instances of clear non-compliance where a notice has been served requiring the isolation of a bovine animal. 

Where test positive cattle are not properly isolated, this puts other cattle which are free from infection at risk and may result in further disease circulation within the herd. The more cattle which are infected, the higher the compensation that the Scottish Government have to pay for the compulsory slaughter of these animals, at the expense of the taxpayer. This policy acts to protect the rest of the herd from infection, and prevents higher compensation costs at the expense of the taxpayer. 

Under The Tuberculosis (Scotland) Order 2023  “isolation” means an affected animal or suspected animal is kept on premises or part of premises where:

(a) no space, drainage or manure storage is shared with bovine animals (other than other affected or suspected bovine animals) or other animals kept on the premises,

(b) no nose-to-nose contact is possible with bovine animals (other than other affected or suspected bovine animals) kept on the premises or adjoining premises, or other animals kept on the premises or adjoining premises, and

(c) where kept inside a building, the affected animals or suspected animals are also separated by an airtight barrier from bovine animals (other than other affected or suspected bovine animals) and other animals kept inside the building, 

There is an appeals process outlined under Article 28 of the TB Order to allow this decision to be reviewed where the keeper feels there is a valid reason.

State aid

This measure is aimed at compensating owners for losses caused by animal disease and payment of compensation is to small and medium enterprises (SME's) as defined in Annex 1 to EC No. 702/2014 and complies with the EU State Aid rules in accordance with Article 26 (9) of the European Commission State Aid Regulation No. 702/2014.

The aid intensity for this will not exceed 100% of the market value of the animals slaughtered or culled and will be limited to losses caused by TB.

No individual aid shall be granted where it is established that the animal disease was caused deliberately or by the negligence of the beneficiary.