Animal Health Fixed Penalty Notice Scheme: Enforcement Guidance
Guidance for enforcement authorities on the animal health fixed penalty notice (FPN) scheme introduced by the Animal Health Fixed Penalty Notice (Scotland) Regulations 2026.
Introduction
This guidance aims to provide an overview of the animal health fixed penalty notice (FPN) scheme introduced by the Animal Health Fixed Penalty Notice (Scotland) Regulations 2026 (the Regulations). It is aimed at all enforcement authorities that have powers under the Regulations and should be considered alongside any existing enforcement policy that the enforcement authority has in place.
This guidance is advisory only. If there are conflicts between the content of this guidance and the provisions of the Regulations or any other legislation, the statutory provisions should take priority. The interpretation of legislation is ultimately a matter for the courts.
The Regulations introduce a FPN scheme for certain animal and bee health offences under eight Scottish Statutory Instruments. These are:
- 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 Markets, Sales and Lairs Order 1925
- The Sheep Scab (Scotland) Order 2010
- The Tuberculosis (Scotland) Order 2023
Under the Regulations, FPNs are a financial penalty that may be offered to a person alleged to have committed a relevant offence as an alternative to the case being referred to the Crown Office and Procurator Fiscal Service (COPFS) for consideration of prosecution. Payment of a FPN does not require an admission of guilt and will not result in a criminal record.
FPNs are intended to support early redirection through behaviour change to promote compliance with animal health rules. They will add to and complement the existing enforcement options, including:
- oral or written advice
- warning letters
- statutory notices
- reporting to COPFS for consideration of prosecution
The Regulations provide that a FPN may be issued, however, there is no compulsion to issue a FPN. The use of a FPN will not be suitable in every instance and it will be for those enforcing the legislation to determine when they will be used. They are not designed for serious offences or for minor breaches where advice and guidance in the first instance would be sufficient in rectifying the issue.