Animal Health Fixed Penalty Notice Scheme: consultation analysis

Footnotes

1 Under Section 76A of the Animal Health Act 1981, FPNs can only be introduced for offences specified 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.

2 Question 9 suggested unsuccessful appeals would be automatically referred to COPFS, however, this was not the proposal set out in the consultation text. The correct proposal was for those who had unsuccessfully appealed a FPN to have an opportunity to pay the FPN. If the FPN remained unpaid after 28 days, the case would be referred to COPFS for consideration of prosecution.

3 As stated in the consultation, FPNs are not intended to be a way for enforcement agencies to generate revenue. Inspectors will continue to work to educate and change behaviour through offering advice and guidance, or by issuing warning letters or formal notices. Enforcement agencies will be given clear guidance and instruction to inform and educate, and when these options have been exhausted FPNs can be used as an alternative to referring the case to COPFS. In addition, we intend to monitor how FPNs are applied by enforcing bodies to ensure they are used in a meaningful and proportionate way.

4 There are certain conditions that must be met for the FPN power to be used for an offence:

1. the offence must be made under either one of the specified pieces of legislation:

• the Act, or an order or regulation made under the Act
• the Bees Act 1980 (or an order made under that Act)
• another enactment which the Scottish Ministers consider relates to animal health

2. the maximum penalty on conviction for an offence cannot exceed 6 months in prison or a fine of level 5 on the standard scale, or both.