The Animal Health Act 1981 Amendment Consultation

We sought views on proposals to give Scottish Ministers a power to make regulations allowing fixed penalty notices to be used in relation to certain animal health offences; and asked whether any further changes were required to the Animal Health Act 1981 to ensure it remains fit for purpose.

In total, 36 responses were available for analysis. Of these, 27 were from groups or organisations and 9 were from individuals.

The majority of respondents (83.3%) agreed that the introduction of proportionate fixed penalty notices would improve the enforcement of animal health offences. Respondents proposed specific characteristics of fixed penalty notice regimes that would be beneficial for animal health offences, including the ability to issue on the spot fines; and the option to appeal any fixed penalty notice that is issued. Respondents also identified fixed penalty notice regimes that were considered to be successful in other areas.

A number of practical suggestions were made as to further amendments that may be necessary to improve animal health legislation. Most frequently, respondents suggested improving biosecurity provisions.

The responses to this consultation have informed the content of the animal health fixed penalty notice provisions contained within the Animals and Wildlife (Penalties, Protections and Powers) (Scotland) Act 2020. The Act gives Scottish Ministers a power to allow fixed penalty notice regimes to be developed in relation to less serious animal health offences. This power is subject to strict limits but will allow for sufficient flexibility to take account of future changes to animal health legislation.

The Act was passed by the Scottish Parliament on 17 June 2020 and received Royal assent on 21 July 2020. It can be viewed here: Animals and Wildlife (Penalties, Protections and Powers) (Scotland) Act 2020 (legislation.gov.uk)

An analysis of the responses to the consultation has been published on the Scottish Government website and can be viewed here: Amendments to the Animal Health Act 1981: consultation analysis - gov.scot (www.gov.scot)