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

Background

The Animal Health Act 1981 was introduced to protect public health and the health of animals through reducing the risks of disease entering the animal population. It is the primary legislation that provides the Scottish Ministers with the powers to make secondary legislation for the prevention, control and eradication of animal diseases. Following a consultation in 2019, an amendment was made to the Act through the Animals and Wildlife (Penalties, Protections and Powers) (Scotland) Act 2020, which gave the Scottish Ministers the power to make regulations allowing for FPNs to be used for certain animal health offences. Section 6 of the 2020 Act inserted a new section 76A (Fixed Penalty Notices) into the Animal Health Act 1981.

The new section conferred a power on the Scottish Ministers to make provision by regulations for or in connection with the issuing of FPNs in relation to certain offences. The offences which may be specified are those under the Animal Health Act 1981, the Bees Act 1980, orders or regulations made under those Acts, or other enactments which the Scottish Ministers consider relate to animal health. The power may only be used to make provision for FPNs in relation to offences for which the maximum penalty on conviction does not exceed a term of imprisonment of 6 months or a fine of level 5 on the standard scale (or both).

The Animal Health (Fixed Penalty Notices) (Scotland) Regulations 2026 (the “Regulations”) will introduce a FPN scheme for certain offences under animal health and bee health legislation in Scotland. The scheme aims to provide enforcement agencies with a proportionate and efficient enforcement method to address certain breaches, improving compliance while reducing reliance on criminal prosecution. For example, following the introduction of mandatory housing measures introduced for poultry and other captive birds to help protect against the introduction of highly pathogenic avian influenza it became evident that the existing enforcement methods were ineffective for a small group of livestock keepers, specifically hobby and backyard keepers. A minority of keepers repeatedly failed to comply with enforcement measures such as educational advice and warning letters. However, when referral to the COPFS was not justified, there were no alternative mechanisms to ensure compliance.

FPNs will be a new enforcement tool which will complement existing enforcement measures (including warning letters, formal notices, and referral to COPFS for consideration of prosecution) that are currently used by enforcement agencies for animal health and bee offences. A FPN may be used when early interventions to change behaviour to encourage compliance with controls in place to protect animal health have been used and failed. FPNs would only be issued to those that have infringed animal health or bee health legislation which is in place to protect animal (and public) health, such as animal keepers (including keepers of livestock, poultry, bees, equines or pets), livestock markets, livestock hauliers and agricultural show organisers. 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. 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.