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.
Payment of FPNs
The payment period
If a FPN is offered and the recipient accepts the penalty, all criminal liability in respect of the relevant offence will be discharged. They will have up to 28 days from the date of issue of the penalty notice to decide whether to accept the offer and pay, to make an appeal or intimate their intention not to pay to the FPN. The enforcement authority may extend the period for paying the FPN in any particular case if it considers it appropriate to do so, for example due to a bereavement or injury.
If the FPN is paid within the specified time, no criminal proceedings will be taken and no criminal conviction will be recorded in respect of the alleged offence.
Non-payment of FPNs
FPNs are issued as an alternative to prosecution. Non-payment of the FPN does not in itself constitute an offence, and the unpaid FPN amount will not fall to be treated as a civil debt. However, non-payment of a FPN means that the person may still be prosecuted in relation to the relevant offence.
Should a FPN go unpaid, enforcement authorities should consider referring the case to COPFS for consideration for possible prosecution. The enforcement authority must ensure the 28 day payment period has passed before referring the case to COPFS (this does not apply when a person intimates their intention not to pay).
Considering appeals and intentions not to pay
A person offered a FPN will have 28 days from the date the FPN was issued to make an appeal or make known their intention not to pay to the FPN. An appeal or intention not to pay must be made in writing to the enforcement authority that issued the FPN. This can be done via email if the enforcement authority provides an email address that can be used for that purpose.
FPNs must include the address at which an appeal or intimation not to pay can be made, and details of the procedure for doing so.
Appeals
When a person makes an appeal, the payment period for the FPN is paused. The appeal must be made to the enforcement authority that issued the notice but it must be reviewed by a different authorised officer to the one that issued the FPN. The enforcement authority must consider whether to uphold or reject the appeal within 28 days of receiving the appeal. A decision notice should be issued to notify the person of the outcome.
Where an appeal is rejected, the person will have 28 days from the date the decision notice was issued to make payment. A discount for making payment within 14 days will not apply. If the person has not paid the FPN at the end of the 28 day payment period, the enforcement authority should consider referring the case to COPFS.
Where an appeal is upheld, the FPN must be withdrawn.
Intention not to pay
FPNs are offered as an alternative to referring the case to COPFS for consideration of prosecution. A person may choose not to accept the FPN and they can make the enforcement authority aware of their intention not to pay. Where a person intimates their intention not to pay, the enforcement authority should consider referring the case to COPFS. The enforcement authority does not have to wait until the end of the 28 day payment period to make this referral.
A person offered a FPN does not have to make known their intention not to pay. Instead, they could choose to let the payment period expire without making payment. In this case, the enforcement authority should follow the process for the non-payment of FPNs.
Withdrawing a FPN
A FPN can be withdrawn at any time by the issuing enforcement authority if, for example, it has been issued in error or an appeal has been upheld.
If a FPN is withdrawn, then no amount is payable and any amount paid in relation to that FPN must be repaid to the person who paid it.
The penalty notice amount
Every relevant requirement and offence where a FPN can be applied has a penalty level set out in Schedule 1 of the Regulations. The table below shows the penalty amount applicable to each FPN level. This is set out in Schedule 2 of the Regulations.
| FPN Level | FPN Amount |
|---|---|
| Level 1 | £100 |
| Level 2 | £150 |
| Level 3 | £200 |
| Level 4 | £300 |
| Level 5 | £500 |
| Level 6 | £750 |
| Level 7 | £1,000 |
The penalty amount can be increased for levels 1-5 when the escalation process for repeat offending is being followed.
The penalty amount for all levels can be discounted for early repayment. The amount payable for a FPN will be reduced to 75% when a person accepts a FPN and makes payment within 14 days of the date it was issued. This early repayment discount does not apply to FPNs where an appeal has been made and rejected (see Appeals section).
The tables below show the amount payable at each penalty level when the escalation process for repeat offending is being followed and an early repayment discount is applied:
| FPN Level | FPN Amount (First Offence) | Early Repayment Amount |
|---|---|---|
| Level 1 | £100 | £75 |
| Level 2 | £150 | £112.50 |
| Level 3 | £200 | £150 |
| Level 4 | £300 | £225 |
| Level 5 | £500 | £375 |
| Level 6 | £750 | £562.50 |
| Level 7 | £1,000 | £750 |
| FPN Level | FPN Amount (Second Offence) | Early Repayment Amount |
|---|---|---|
| Level 1 | £200 | £150 |
| Level 2 | £300 | £225 |
| Level 3 | £400 | £300 |
| Level 4 | £600 | £450 |
| Level 5 | £1,000 | £750 |
| Level 6 | N/A | N/A |
| Level 7 | N/A | N/A |
Destination of funds
Payment of the FPN must be made to the issuing enforcement authority. The enforcement authority can determine the method by which payment can be made and this must be included in the content of the FPN (see What to include in a FPN).
Any funds received for a FPN can be retained by the enforcement authority. Raising revenue should never be an objective of enforcement.