GUIDELINES FOR HERD KEEPERS
ON
THE PROCESS OF VALUATION OF ANIMALS TO BE
SLAUGHTERED DUE TO TUBERCULOSIS OR
BRUCELLOSIS
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INTRODUCTION
1.
The following guidelines relate to the valuation of cattle under the
Brucellosis Control Order (Northern Ireland) 2004 (as amended) and
the Tuberculosis Control Order (Northern Ireland) 1999 (as
amended).
2.
In accordance with these Orders, the Department of Agriculture and
Rural Development (DARD) proposes to slaughter the animal(s)
identified on the enclosed BT28 form for the purpose of control of
disease. The BT28 form identifies the animal(s) to be slaughtered.
A DARD Livestock Valuation Officer will contact you and arrange to
value these animals prior to slaughter. Please read the following
guidelines carefully.
DARD’S VALUATION
3.
DARD’s valuer will determine the market value of each animal
concerned. In order for this valuation to be carried out, it is essential
that you present the animal(s) concerned to the valuer. The animals
should be conveniently situated and adequately restrained so that
they can be properly inspected, including checking their
identification. During valuation, the valuer may wish to mark (which
could include applying an ear tag, clipping, or marking by other
means), photograph and/or collect samples from the animal(s) being
valued. Refusal to permit marking of an animal or interference with
an applied tag is an offence for which you may be prosecuted. You
should also ensure that any documentation in your possession,
which is relevant to the market value of the animal, (e.g. pedigree
certification, milk records) or any other relevant information (e.g.
progeny or sibling performance), is available at time of valuation. In
the case of documentation, only original, valid documents will be
considered. If such documentation affects the market price offered
to you, these original documents will not be returned to you,
although a copy may be obtained by submitting a written request to
the Senior Livestock Valuation Officer (SLVO) of the Department
(see paragraph 15 - Further Information). As the owner of the
animal you may agree or decline the valuation. If you agree the
valuation, this will be the value of the animal for the purposes of the
legislation. The valuer will ask you to sign your agreement to this
valuation (on a BT29 form).
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INDEPENDENT VALUATION
4.
If you do not agree with DARD’s valuation within three working
days you must sign the BT29 form indicating that you have declined
DARD’s valuation. The next stage in the process is that you have
the option to choose an Independent Valuer (IV) from a list, which
will be provided to you by DARD’s valuer. Independent valuations
submitted by persons not on this list will not be accepted. You must
make your own arrangements for this independent valuation to be
carried out. You will be responsible for paying fees and any other
expenses incurred by the IV selected by you to carry out this
valuation.
5.
You must select and notify DARD of your choice of IV within 2
working days of being offered DARD’s list of IVs. You may inform
the SLVO by telephone, fax or e-mail (see paragraph 15, ‘Further
Information’), but any such notification must be subsequently
confirmed in writing by completing the form supplied to you along
with DARD’s list of IVs. If you fail to inform DARD of your
nomination within the 2 working days, DARD will determine the
value of the animal(s) and proceed to slaughter.
6.
DARD must receive the independent valuation, in writing from
the IV, within 8 working days of your nomination of the IV. If
this does not occur, DARD will determine the value of the
animal(s) and proceed to slaughter. Note that any independent
valuation carried out will not be final and binding, and may be
appealed by either DARD or the owner of the animal(s).
7.
Should the timescales outlined in bold in paragraphs 4, 5, or 6 not
be complied with, it will not infringe upon your right to appeal the
valuation.
8.
Slaughter will proceed after independent valuation irrespective of
whether an appeal is being made by you or DARD.
APPEALS
9.
If you are dissatisfied with DARD’s valuation of your animals you
have the right to submit an appeal to an Independent Appeals Panel
(IAP). Such an appeal may be submitted by you after having your
animals independently valued, or as an alternative to independent
valuation. Therefore, on this basis the value being appealed will
either be DARD’s original valuation (appealed by the herdkeeper) or
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the IV’s valuation on the basis that no agreement can be reached
(appealed by either party). The procedure for submitting an
appeal is outlined below.
10. An appeal to the IAP must be submitted in writing within 30
working days of the determination of market value to which it
relates and must be accompanied by a fee of £100, with full details
of the grounds upon which the appeal is sought including
documentary or other evidence, and the change sought to the
valuation. Under the Diseases of Animals (Valuation) (Fees) Order
(Northern Ireland) 2004, the £100 fee is only applicable to an appeal
being brought forward by the “owner” of the animal and not in the
case of an appeal being brought forward by DARD. The appeal
should be submitted on a VA1 form, which is available on request,
along with form VA2 which explains the appeals procedure, from
DARD’s Livestock Valuation Officer (LVO). Appeals received after
the 30 days will not be accepted.
11. You have the option to participate in the appeal hearing. You may
bring someone with you or choose to have someone present on your
behalf. The names of all accompanying persons and their
respective roles should be notified to the IAP in advance of the
hearing. You are responsible for paying any fees and other
expenses which you and anyone representing you at the appeal
hearing incur.
12. The IAP Secretariat may be contacted between Monday and Friday,
9.15am to 4.30pm. After an appeal has been formally lodged within
the specified 30 working days, any additional written documentation
or evidence which you rely upon in support of your hearing should
be submitted at least 5 working days before the notified date for
the hearing, to ensure that the Secretariat has sufficient time to
collate and distribute documentation. The acceptance of any
additional information or evidence arriving after this deadline will be
subject to the discretion of the IAP members.
13. Following consideration of an appeal submitted by DARD or the
owner of the animal, the IAP shall determine the market value of the
animal. Such determination shall be final and binding on both you
and DARD
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DARD’s right to slaughter
14. You should be aware that DARD may, having served notice of intent,
slaughter any animal which, in the opinion of a Veterinary Inspector,
has been in any way exposed to a significant risk of infection with
disease, prior to the determination of its market value. This would
occur in cases where such slaughter is necessary to prevent the
spread of disease and/or to establish if there has been interference
with any sample taken or test carried out whereby the result of the
test is intended to be affected and/or where in the judgement of
DARD the herdkeeper has been guilty of an offence tending to
prejudice the due control of the disease. In each of these cases
DARD shall determine the market value of the animal(s).
Further Information
15. Further information regarding the valuation process is available from
DARD’s LVO. Please contact the SLVO should you have any
queries regarding these guidelines. The contact details are as
follows:
Senior Livestock Valuation Officer (SLVO)
DARD Valuation Unit
Sperrin House
Sedan Avenue
Omagh
Co. Tyrone
BT79 7AQ
Tel: 028 82253488
Fax: 028 82253554 (Please mark clearly 'for the attention of
DARD’s Valuation Unit')
E-mail: dard.valuationunit@dardni.gov.uk
16. The Independent Appeals Panel (IAP) Secretariat may be contacted
at the address below:
TB/BR Valuation Appeals Secretariat
Room 722
Dundonald House
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Upper Newtownards Road
BELFAST
BT4 3SB
Tel: 028 905 24599
E-mail address: ValuationAppealsSEC.ADC@dardni.gov.uk
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