The Animal Health (Fixed Penalty Notices) (Scotland) Regulations 2026: Data Protection Impact Assessment

2. Introductory information

2.1 Summary of proposal

The Regulations will introduce a fixed penalty notice (FPN) scheme for certain animal health and bee health offences. This will be a new enforcement tool which will complement existing enforcement measures (including warning letters, formal notices, and referral to the Crown Office and Procurator Fiscal Service for consideration of prosecution) that are currently used by enforcement agencies in relation to animal health and bee health offences.

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 COPFS for consideration of criminal prosecution under relevant animal health legislation. 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 would be for those enforcing the legislation to determine when they will be used. FPNs 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. FPNs will complement existing enforcement options rather than replace them. Therefore, the option to use alternative enforcement measures, including offering verbal advice or written warnings, will continue to be available. Additionally, the option to prosecute instead of offering a FPN will continue to be available and may be used for more serious or repeat offending.

Powers to issue FPNs will be given to persons with existing powers of enforcement under animal health and bee health legislation. This includes inspectors and officers of local authorities, inspectors and veterinary inspectors from the Animal and Plant Health Agency (APHA), inspectors and veterinary inspectors from Food Standards Scotland (FSS), authorised officers from the Scottish Government Rural Payments and Inspections Division (SGRPID), and police constables. The Regulations will require a FPN to detail the alleged offence and reasonable particulars of the circumstances alleged to constitute the offence.

The regulations specify:

• how FPNs must be issued
• the circumstances in which FPNs may not be issued
• how FPNs may be paid and the effect of doing so
• how FPNs can be appealed or withdrawn
• the procedure for intimating an intention not to pay a FPN
• the relevant offences that FPNs can be issued for
• the penalty level and amounts that will be applicable for each offence
• the circumstances in which a penalty amount could be increased or decreased

The Regulations create an offence relating to the obstruction of an authorised officer exercising functions in relation to FPNs.

The Regulations will also amend the Animal Health Act 1981 and the Bees Act 1980 to exclude the payment period for a FPN from the time limit for bringing criminal proceedings for an offence.

2.2 Description of the personal data involved

Personal data will be processed when an authorised officer of an enforcement authority takes any enforcement action against an individual or company that has breached animal health or bee health legislation. In relation to FPNs, personal data (name and address) would be collected by the enforcement authority and used to issue the FPN. This information would be collected directly from the data subject by the investigating enforcement agency.

The Regulations will require the processing of criminal convictions or offences data. The Regulations will introduce a new enforcement tool available to agencies for the enforcement of animal health and bee legislation. Offence data will be processed by enforcement agencies for the purposes of issuing FPNs, record-keeping and consideration of appeals.

2.3 Will the processing of personal data as a result of the proposal have an impact on decisions made about individuals, groups or categories of persons?

Yes. The Regulations will include provision allowing a person to intimate that they intend not to pay an FPN and also to appeal the FPN. Both of these processes will require enforcement authorities to process information provided by the person making the intimation or appeal.

The FPN scheme will also include an escalation process for repeat offending where a person is found to have breached the same relevant requirement multiple times during a three year period from the date on which the FPN was first issued. The action taken (e.g. doubling up of penalty amount, or potential referral to COPFS) will depend on the penalty level attributed to the relevant requirement.

In order for these escalation processes to function, enforcement authorities will be required to retain and store the following information for three years beginning with the date on which the FPN was issued:

• name and address of person to whom the FPN was issued
• the date of issue
• the legislative requirement breached and the relevant offence
• the penalty level and whether doubling up has been applied.

Escalation will only be permitted where it is the same enforcement authority who has issued the initial FPN, so the Regulations do not require this information to be shared amongst different enforcement authorities.

If an enforcement authority decides to refer a case to COPFS for consideration of prosecution, then they would be required to share personal data relating to the alleged offender (including name and address) as well as details of the alleged offence and the circumstances alleged to constitute the offence. This would be the case under existing animal health and bee health legislation where an enforcement authority refers a matter to COPFS for potential prosecution.

All decisions relating to the issuing, escalation, withdrawal or appeal of FPNs involve human decision making. No decisions are taken solely by automated means, and Article 22 UK General Data Protection Regulation (UK GDPR) does not apply.

2.4 Necessity, proportionality and justification

The Regulations will introduce a FPN scheme for certain offences under the Animal Health Act 1981 and the Bees Act 1980 or orders or regulations made under those Acts. The scheme aims to provide enforcement agencies with a proportionate and efficient enforcement method that that does not require referral to the COPFS but still provides a meaningful and dissuasive penalty for those who are considered to have committed an offence. FPNs are intended to support early redirection through behaviour change to promote compliance with animal health rules.

The policy objective is to provide enforcement agencies with a proportionate and efficient mechanism for addressing certain breaches of legislation, improving compliance while reducing reliance on criminal prosecution.

The Regulations will establish a statutory framework for issuing FPNs that:

• enables enforcement agencies to respond swiftly to non-compliance;
• reduces the burden on enforcement agencies for dealing with repeated non-compliance; and
• maintains a meaningful deterrent for offences without requiring court proceedings.

The Regulations set out the levels and amounts of penalties applicable under the scheme, including provisions for varying penalty amounts depending on the relevant offence. The Regulations will also specify:

• the authorities empowered to issue FPNs
• the procedural requirements for issuing, paying, and appealing FPNs
• the procedure requirements for intimating an intention not to pay a FPN
• the legal effect of payment
• the conditions under which a notice may be appealed and withdrawn

In addition, the Regulations will create new offences relating to the obstruction of individuals exercising functions in connection with FPNs.

The FPN scheme is designed to complement existing enforcement mechanisms rather than replace them. It will provide enforcement bodies with an additional, proportionate tool to address non-compliance without requiring referral to the COPFS.

FPNs offer alleged offenders the opportunity to discharge criminal liability for an offence through payment of a penalty. Where payment is not made, enforcement agencies retain discretion to pursue prosecution. Importantly, failure to pay an FPN does not constitute a separate offence.

Enforcement of animal health and bee legislation could continue using existing methods including educational advice (oral and written), warning letters, formal notices, and, where necessary, referral to COPFS for prosecution. These tools aim to encourage compliance through guidance and proportionate escalation.

Failing to introduce FPNs would not address persistent non-compliance for lower level offences that are unlikely to be taken to COPFS. This could result in higher risk of disease outbreaks, with potentially serious consequences for animal welfare, public health and food safety. There could be potential economic and trade impacts, including export restrictions and loss of market confidence, if outbreaks occur as a result of the non compliance. For example, the single Foot and Mouth disease outbreak in Germany in January 2025 is estimated to have cost around 1 billion Euros . Without FPNs, enforcement agencies would rely on costly and time-consuming COPFS referrals for escalation, diverting resources from proactive disease prevention or other regulatory work. There would be a lack of meaningful deterrent for repeat offenders where prosecution is not considered to be proportionate, leaving enforcement gaps and risk of wider non compliance if not enforceable.

FPNs would be no more invasive than existing enforcement methods as the level of personal data collected when an offence is committed would be the same. We are not aware of any unintended consequences of these provisions.

All enforcement agencies have individual responsibilities to ensure compliance with UK GDPR. If an enforcement agency decides to refer a case to COPFS for consideration of prosecution, then they would be required to share personal data relating to the alleged offender (including name and address) as well as details of the alleged offence and the circumstances alleged to constitute the offence. This would be the case under existing animal health and bee health legislation where an enforcement authority refers a matter to COPFS for potential prosecution, so the Regulations should not require a change to existing processes.

2.5 Will the implementation be accompanied by guidance or by an associated Code of Conduct?

The Regulations will be supported by comprehensive guidance for enforcement agencies.