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

The Scope of the EQIA

In conducting this EQIA, the protected characteristics of age, disability, gender reassignment, pregnancy and maternity, race, religion or belief, sex, and sexual orientation were considered. The impacts on these protected characteristics were considered alongside the public sector equality duty to have due regard to the need to:

• eliminate unlawful discrimination, harassment, victimisation, and any other unlawful conduct prohibited by the Equality Act 2010.
• advance equality of opportunity between people who share and people who do not share a relevant protected characteristic.
• foster good relations between people who share and people who do not share a relevant protected characteristic.

Qualitive and quantitative data was sourced during the regulatory process. This data was used to assess the impact of the Regulations on people in protected groups as defined by the Equality Act 2010.

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. A full analysis of the 2019 consultation is available on the Scottish Government website. A further consultation was held in 2025 on the 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 the 2025 consultation is available on the Scottish Government website. No specific questions were asked around the possible effects the policy could have on particular groups within either consultation.

Outwith the public consultations, discussions have also 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 Society of Chief Officers of Trading Standards in Scotland (SCOTSS) and the Society of Chief Officers of Environmental Health in Scotland (SoCOEHS) have been engaged through the Local Authority Animal Health and Welfare Strategy Group and Animal Health and Welfare Panel. The Animal and Plant Health Agency (APHA), and 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. In addition, an initial scoping exercise was undertaken to inform the EQIA, with evidence gathered from the Scottish Government’s Justice Analytical Unit and the Rural and Environment Science and Analytical Services Division.

The information gathered has identified a limited number of potential impacts and so a proportional desk-based approach was taken to source existing data and evidence for this EQIA.