Animal Health Fixed Penalty Notice Scheme: consultation

Annex B: Consultation Questions

Question 1: Do you agree that all inspectors currently involved in the enforcement of animal health legislation should be empowered to issue FPNs under the animal health FPN scheme?

• Yes
• No
• Don’t know

Please provide any comments or evidence to support your answer.

Question 2: We propose that FPNs should be issued by post or in person. It is also possible to issue FPNs electronically, for example by email. If the notice were to be issued electronically, it would only be when the person has agreed to receive the notice electronically and has provided an email address which was verified by the authorities for the delivery of the notice.

Do you think we should also allow FPNs to be issued electronically (i.e. by email)?

• Yes
• No
• Don’t know

Please provide any comments or evidence to support your answer.

Question 3: Where a FPN has been issued in relation to an alleged animal health offence, do you support the proposal that the matter should be referred to COPFS if the FPN has not been paid by the end of payment period?

• Yes
• No
• Don’t know

Please provide any comments or evidence to support your answer, including whether you think this is a proportionate approach and outlining any alternative solutions or unintended consequences.

Question 4: Do you agree that the payment period should be 28 days?

• I agree – the payment period should be 28 days
• I disagree – the payment period should be more than 28 days
• I disagree – the payment period should be less than 28 days

Please provide any comments or evidence to support your answer.

Question 5: Do you support the proposal that those issuing FPNs should have discretion to extend the payment period in any particular case if the person considers it appropriate to do so?

• Yes
• No
• Don’t know

Please provide any comments or evidence to support your answer.

Question 6: It is possible for us to specify certain circumstances where a shorter payment period is required. For example, the Aquaculture and Fisheries (Scotland) Act 2007 (Fixed Penalty Notices) Order 2015 provides that the payment period for FPNs issued under section 25 of the Aquaculture and Fisheries (Scotland) Act 2007 is reduced from 28 days to 7 days for persons domiciled or resident outside of the UK.

Are there any circumstances where you feel a shorter payment period would be necessary? Please provide any comments or evidence to support your answer.

Question 7: Do you agree that FPNs should be paid to and retained by the enforcement agency that issued the notice?

• Yes
• No
• Don’t know

Please provide any comments or evidence to support your answer, outlining any alternative solutions or unintended consequences.

Question 8: Do you support the proposal that appeals must be made in writing before the end of the payment period to the enforcement agency that issued the notice?

• Yes
• No
• Don’t know

Please provide any comments or evidence to support your answer, including whether you think this is a proportionate approach and outlining any alternative solutions or unintended consequences.

Question 9: Do you agree that unsuccessful appeals should be automatically referred to COPFS for potential prosecution?

• Yes
• No
• Don’t know

Please provide any comments or evidence to support your answer, including whether you think this is a proportionate approach and outlining any alternative solutions or unintended consequences.

Question 10: Do you agree that it should be an offence to obstruct an enforcing officer when that person is gathering information about an alleged offender for the purposes of reaching a decision about whether a FPN should be issued?

• Yes
• No
• Don’t know

Please provide any comments or evidence to support your answer.

Question 11: Do you agree that it should be an offence to obstruct the service of a FPN?

• Yes
• No
• Don’t know

Please provide any comments or evidence to support your answer.

Question 12: Do you agree that the maximum penalty for obstruction offences should be, on summary conviction, a fine not exceeding level 5 on the standard scale? This is the maximum penalty allowed by the Act for offences that are created in FPN regulations.

• Yes
• No
• Don’t know

Please provide any comments or evidence to support your answer, including whether you think this is a proportionate approach and outlining any alternative solutions or unintended consequences.

Question 13: Do you agree that the minimum penalty for the animal health FPN scheme should be £100, and the maximum penalty should be £1,000? Please select the statement you agree with.

Maximum/Minimum Penalty FPN Amount

Minimum Penalty Level £100

• This amount is too low
• This is the right amount
• This amount is too high

Maximum Penalty Level £1,000

• This amount is too low
• This is the right amount
• This amount is too high

Please provide any comments, evidence or any alternative solutions to support your answer.

Question 14 : Do you agree that the animal health FPN scheme should have multiple levels of penalty to account for the variety of offences that will covered?

• I agree – there should be multiple levels of penalty
• I disagree – there should be a single fixed penalty amount
• I don’t know

Please provide any comments, evidence or any alternative solutions to support your answer.

Question 15: What do you think of the penalty amount proposed for each level?

FPN Level: Proposed Amount

Please provide any comments, evidence or any alternative solutions to support

Question 16: Do you agree with the principle of scale of harm for animal health related offences, where FPN levels are proportionate to the risk of disease spread associated with the circumstances of the offence?

• Yes
• No
• I don’t know

Please provide any comments, evidence or any alternative solutions to support your answer.

Question 17: Do you agree that the scale of harm, which would be based on the number of animals, proportion of herd/flock traded and disease presence in the establishment, area or country, would strike a balance of simplicity and proportionality to risk in a scale of harm FPN model?

• Yes
• No
• I don’t know

Please provide any comments on the proposed criteria or any alternative criteria in as much detail as possible.

Question 18: Do you agree with the proposed escalation process, where FPNs issued for second offences are double the value of the first, and third offences are automatically referred to COPFS?

• Yes
• No
• Don’t know

Question 19: Do you think three years would be an appropriate time period for considering second and third offences for the animal health FPN scheme?

• Yes - I agree three years would be appropriate
• No – I disagree the time period should be longer than three years
• No – I disagree the time period should be shorter than three years

Please provide any comments or evidence to support your answer, and outline any alternative solutions or unintended consequences of these options.

Question 20: Do you agree that the FPN amount should be discounted if it is paid early?

• I agree – the FPN should be discounted for early repayment
• I disagree – the FPN should not be discounted for early repayment
• I don’t know

Please provide any comments or evidence to support your answer.

Question 21: If a discount is offered for early repayment, do you agree that the discount should be 50%? This would mean the minimum FPN of £100 would be discounted to £50, and the maximum FPN of £1,000 would be discounted to £500.

• I agree – the discount should be 50%
• I disagree – the discount should be less than 50%
• I don’t know

Please provide any comments or evidence to support your answer.

Question 22: If a discount is offered for early repayment, do you agree that the early repayment period should be 14 days?

• I agree – the early repayment period should be 14 days
• I disagree – the early repayment period should be more than 14 days
• I disagree – the early repayment period should be less than 14 days
• I don’t think a discount should be offered
• I don’t know

Please provide any comments or evidence to support your answer.

Question 23: Do you agree with the BRIA conclusion that there will be minimal cost impact in the introduction of the FPN scheme?

• Yes
• No
• Yes, partially
• No, partially

If you have answered “no”, “yes partially” or “no partially” then please a comment to support your answer

Question 24: Do you support the proposal that FPNs should be introduced for selected pieces of legislation initially before being expanded to cover more animal health legislation that meets the criteria set out in the FPN power?

• Yes
• No
• I don’t know

Please provide any comments or evidence to support your answer.

Question 25: We propose that FPNs should be introduced for only a small number of selected pieces of legislation initially and have identified the following legislation as containing high priority offences that should be included in the Animal Health FPN Scheme when it launches:

• The Avian Influenza and Influenza of Avian Origin in Mammals (Scotland) Order 2006;
• The Avian Influenza (Preventive Measures) (Scotland) Order 2007
• The Bee Diseases and Pests Control (Scotland) Order 2007;
• The Bovine Viral Diarrhoea (Scotland) Order 2019;
• The Disease Control (Interim Measures) (Scotland) Order 2002;
• The Sheep Scab (Scotland) Order 2010; and
• The Tuberculosis (Scotland) Order 2023

Are there any additional high priority offences, that meet the FPN criteria, you wish to see included in the Animal Health FPN Scheme when it is introduced?

Please provide as much information as possible including the legislation, description of the offence and any comments or evidence to support your answer.

Question 26: Are there any other offences that you think should not be eligible to receive a FPN?

Please provide as much information as possible including the legislation, description of the offence and any comments or evidence to support your answer.

Question 27: Are there any offences contained in this legislation that you think would benefit from having the ability to offer a FPN in order to aid enforcement?

Please provide as much information as possible including the legislation, description of the offence and any comments or evidence to support your answer.

Question 28: Do you have any comments or concerns about the interaction between FPNs and Cross Compliance?

• Yes
• No
• Not sure

Please provide any comments or evidence to support your answer