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

4. Consultation

4.1 Have you consulted with the ICO using the Article 36(4) form?

We have complied with the requirement to consult with the ICO under Article 36(4) of the UK GDPR. Having considered the submission, the ICO did not wish to engage further on the proposals.

4.2 Do you need to hold a public consultation and if so has this taken place? What was the result?

The Scottish Government has taken forward two public consultation on proposals to introduce FPNs for animal health offences. A public consultation was held in 2019 seeking views on proposals to give Scottish Ministers the power to make regulations allowing FPNs to be used in relation to appropriate animal health offences. The consultation demonstrated strong support for the introduction of proportionate FPNs, with 82.2% of respondents agreeing that FPNs would improve enforcement outcomes. A full analysis of the responses to the 2019 consultation is available on the Scottish Government website. The responses informed an amendment to the Animal Health Act 1981, made through the Animals and Wildlife (Penalties, Protections and Powers) (Scotland) Act 2020 to give Scottish Ministers the power to make regulations allowing for FPNs to be used for certain animal health offences.

Building on feedback from the 2019 consultation, the Scottish Government consulted again in 2025 on detailed proposals for the animal health FPN scheme. The Animal Health FPN Scheme Consultation ran from 7 March 2025 – 30 May 2025 and considered the general characteristics of the scheme, the penalty levels and amounts, and the offences the scheme would cover. A full analysis of the responses to the 2025 consultation is available on the Scottish Government website. The 2025 consultation received 69 responses, of which 53 were from individuals and 16 were from organisations. The consultation responses were broadly supportive and provided useful feedback on the proposals for the animal health FPN scheme and have informed the development of the Regulations.

The Scottish Government has also engaged with the Society of Chief Officers of Trading Standards in Scotland (SCOTSS) and the Society of Chief Officers of Environmental Health in Scotland (SoCOEHS) through the Local Authority Animal Health and Welfare Strategy Group and Animal Health and Welfare Panel. In addition, discussions have been held with key stakeholders through the Scottish Government Animal Health and Welfare General Stakeholder Group, the Sheep Scab Industry Working Group, and the Bee Health Improvement Partnership. Members of these groups include (but are not limited to):

• National Farmers Union Scotland (NFUS)
• British Veterinary Association (BVA) Scotland
• Scottish Association of Meat Wholesalers (SAMW)
• Scottish Dairy Cattle Association (SCDA)
• Institute of Auctioneers and Appraisers Scotland (IAAS)
• Scottish Beef Association (SBA)
• Quality Meat Scotland (QMS)
• National Sheep Association (NSA)
• Scottish Beekeepers Association
• Bee Farmers Association
• British Horse Society

The Animal and Plant Health Agency (APHA), the Scottish Government Rural Payments and Inspection Directorate (SGRPID) have also provided insights into current enforcement arrangements, and have had an opportunity to respond to public consultations.

4.3 Were there any Comments/feedback from the public consultation about privacy, information or data protection?

The consultation did not receive any comments relating to privacy, information or data protection.