Animal Health Fixed Penalty Notice Scheme

Overview

The Scottish Government is seeking feedback on proposals for the introduction of a Fixed Penalty Notice Scheme (FPN) issued for minor offences under the Animal Health Act 1981. 

Under the Animal Health Act 1981, Scottish Ministers have the power to make regulations allowing for fixed penalty notices (FPNs) to be used for certain animal health offences. FPNs are a financial penalty that can be offered to someone alleged to have committed an offence and may be used as an alternative to criminal prosecution.

The offences in relation to which FPNs may be issued are offences under the Animal Health Act 1981 or orders or regulations made under that Act, offences under the Bees Act 1980 or orders made under that Act, or offences under another enactment which the Scottish Ministers consider relates to animal health. FPNs may only be issued in relation to offences for which the maximum penalty on conviction does not exceed a term of imprisonment of 6 months or a fine of level 5 on the standard scale (or both).

FPNs will complement existing enforcement options rather than replace them. They will provide an additional level of enforcement that does not require referral to the Crown Office and Procurator Fiscal Service (COPFS), and will be used alongside the existing portfolio of enforcement measures to promote compliance with legislative requirements.

We are launching this consultation to gather views on specific proposals for the animal health FPN scheme, including:

• who can issue FPNs
• how FPNs will be issued
• what the effect of paying a FPN will be
• what the consequence of not paying a FPN will be
• where FPNs should be paid to
• where the proceeds of FPNs should go
• how FPNs can be appealed or withdrawn
• if the FPN regulations should create offences of obstruction and what the penalty should be
• what the maximum and minimum penalty amount should be
• if there should be a scale of penalties
• if there should be any circumstances where the penalty amount is increased or decreased
• which offences should be covered by the scheme
• which SSIs to include a FPN provision in the first tranche of legislation

This consultation will help us gauge attitudes towards these proposals and make informed decisions to develop the animal health FPN scheme. It will also help identify any unanticipated impacts that the proposals could have.

Offences that relate to animal welfare and wildlife are out of scope and have not been considered as part of this consultation. Animal health is a devolved matter and the proposals will relate to Scotland only.

The consultation describes how changes to current requirements could be introduced in Scotland. A Partial Business Regulatory Impact Assessment (BRIA) has been produced. Following the conclusion of the consultation a full BRIA will be produced taking onboard any consultee views and further assessment of Regulatory alignment. 

Anyone is welcome to respond to this consultation. We would particularly like to hear from: local authorities and other enforcement agencies, the keepers of livestock (including bird and bee keepers), agricultural businesses or organisations, animal or farming associations, veterinary professionals, and anyone else with an interest in animal health.

The consultation will be split into three sections:

• Section 1 will consider the general characteristics of the animal health FPN scheme including how FPNs will be issued, how they should be paid, and how they can be appealed or withdrawn
• Section 2 will consider the penalty levels and amounts
• Section 3 will consider the offences that will be applicable for FPNs

You may wish to read the consultation document in full before answering the questions related to each section.

Read the consultation paper The consultation paper contains full background information for this consultation. You may find it useful to read or refer to while responding.

Why your views matter

Your input will be vital in shaping the future of the Animal Health FPNs and ensuring it remains fair, transparent and effective in managing breaches of legislation.

What happens next

Scottish Government consultation process

Consultation is an essential part of the policy-making process. It gives us the opportunity to consider your opinion and expertise on a proposed area of work.

Responses will be analysed and used as part of the decision making process, along with a range of other available information and evidence. We will publish a report of this analysis for every consultation. Depending on the nature of the consultation exercise the responses received may:

• indicate the need for policy development or review
• inform the development of a particular policy
• help decisions to be made between alternative policy proposals
• be used to finalise legislation before it is implemented

While details of particular circumstances described in a response to a consultation exercise may usefully inform the policy process, consultation exercises cannot address individual concerns and comments, which should be directed to the relevant public body.

Final decisions on the issues under consideration will also take account of a range of other factors, including other available information and research evidence.

Next steps in the process

Where respondents have given permission for their response to be made public, and after we have checked that they contain no potentially defamatory material, responses will be made available to the public. If you use the consultation hub to respond, you will receive a copy of your response via email.

Following the closing date, all responses will be analysed and considered along with any other available evidence to help us develop the animal health FPN scheme regulations and guidance. Responses will be published where we have been given permission to do so. An analysis report will also be made available

How to make an enquiry

The Scottish Government’s Animal Health & Welfare Division, Disease Control Team is responsible for this consultation. If you have any queries about this consultation please contact the Scottish Government Animal Health & Welfare Disease Control Team at: animalhealthFPNscheme@gov.scot

Comments and Complaints

You may provide any comments on your experience of the consultation as a part of the consultation questions. Alternatively you may also send any comments that you may have about how this consultation exercise has been conducted to animalhealthFPNscheme@gov.scot