Animal Health Fixed Penalty Notice Scheme

Current enforcement measures

Under the Act inspectors are appointed by a local authority or by Scottish Ministers. Inspectors who have been appointed under the Act for the enforcement of particular animal health legislation include employees of local authorities, Food Standards Scotland, the Rural Payments and Inspections Division in the Scottish Government, or the Animal Plant and Health Agency. Under the Act, the Police also have enforcement powers.

Currently, non-compliance with animal health legislation is dealt with using a variety of methods:

• “Education” via oral or written advice: Advice, guidance and support will be provided in order to achieve compliance as quickly as possible with a view to avoiding the need for further enforcement action; it may be followed by a warning letter
• Warning letters: this may state what should be done to rectify non-compliance and to prevent re-occurrence
• Formal notice: this may be served if there has been a significant contravention of the legislation, a failure to comply with previous oral or written advice or a licence issued by an inspector, or if the consequence of non-compliance could pose a serious risk to animal or public health. It may require action to be taken or that certain operations/activities be stopped immediately. Service of a notice may be followed by an investigation and further enforcement action
• Report to COPFS: for cases of a more serious nature, or cases where a notice has not been complied with, inspectors would normally gather evidence and put a case forward to COPFS for potential prosecution through the Scottish courts. COPFS also has non-court options available where appropriate including warning letters or fiscal fines

Rationale for introducing FPNs

FPNs are considered to be a quicker and more proportionate means of dealing with the relevant behaviour, but still provide a meaningful and dissuasive penalty. They are already widely used by enforcement authorities in relation to other kinds of offences, and can be a valuable additional enforcement tool.

Introducing FPNs for certain animal health offences would complement the existing enforcement options rather than replace them, and will insert a new method of enforcement providing an additional option that benefits the person as they will know with certainty the outcome of the alleged offence. FPNs would be expected to:

• allow minor and technical offences to be dealt with quickly and proportionately
• promote compliance with legislative requirements and reduce the likelihood of re-offending, whilst providing a timely and proportionate deterrent when prosecution in court and any resulting criminal record may be excessive
• give more flexibility to enforcing authorities by providing them with an additional enforcement option as an alternative to issuing guidance, warning letters, formal notices or referring to COPFS for consideration of prosecution in the criminal courts
• speed up the process of dealing with offences as persons issued with a fixed penalty notice would not have to wait to appear in court
• reduce the number of lesser offences being dealt with by the courts