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

Key Findings

Current evidence demonstrates that the impact the Regulations will have on equality is limited and it does not impose any additional impacts on any individuals falling within any of the current protected characteristics when compared to the existing policy. No positive or negative impacts have been identified. The introduction of FPNs for animal health and bee health offences will only impact individuals who have breached animal health or bee health legislation, irrespective of any protected characteristics.

Data was sought from the Scottish Justice Analytical Unit on convictions under the Animal Health Act 1981 between 2017-2023. There was one prosecution under this Act within that time period, however, no specific data is held as there was no conviction. Specific data is only held if there has been a conviction. No prosecutions were taken forward under the Bees Act 1980 during the same time period.

The Regulations are not anticipated to increase convictions for animal health or bee health offences. Instead, they will introduce an alternative enforcement method that avoids referral to the COPFS and does not require involvement from the Scottish Courts and Tribunals Service (SCTS). The same evidence will be collected by enforcement bodies to determine the appropriate enforcement action and enforcement guidance will be developed to ensure FPNs are issued consistently, irrespective of any protected characteristics.

Age

Data provided by the Scottish Government’s Rural and Environment Science and Analytical Services division shows the number of occupiers of agricultural holdings in Scotland. Table 10 of the 2024 Agricultural Census provides a breakdown of the number of occupiers of agricultural holdings in Scotland by age. The data shows of all working occupiers of agricultural holdings in Scotland, approximately 85% are aged 45 years and over, with high representation in the 55-64 and over-64 age groups. Younger age groups (under 25 and 25-34) account for only a small proportion of occupiers.

A Children’s Rights and Wellbeing Impact Assessment (CRWIA) has been conducted and has been published alongside the draft Regulations and the impact on children’s rights was assessed to be neutral. Whilst no changes have been made to the Regulations as a result of the CRWIA findings, a section will be incorporated within enforcement guidance which advises enforcement agencies to consider alternative enforcement approaches in the first instance for individuals aged 16 and 17, and advising that FPNs should not be issued to under 16s.

There is no data to correlate age with animal health or bee health offences. The Regulations will apply equally to all adults regardless of a person’s age.

Disability

There is no data to correlate disability with animal health or bee health offences.

In response to a question in the 2025 Animal Health FPN Scheme Consultation around whether appeals should be made in writing, a small number^[1] of respondents raised concerns that the requirement for appeals to be made in writing could impact those with dyslexia or other literacy difficulties, a disability, or where English is not their first language. Appeals must be made to the enforcement authority that issue the FPN, and the Regulations have included provision for enforcement authorities to accept written appeals via email. This could allow the use of assistive and accessible technology to lodge an appeal.

Sex

Data provided by the Scottish Government’s Rural and Environment Science and Analytical Services division shows the number of occupiers of agricultural holdings in Scotland. Table 9 of the 2024 Agricultural Census provides a breakdown of the number of occupiers of agricultural holdings in Scotland by sex. The data shows of all working occupiers of agricultural holdings in Scotland, approximately 65% are male and 35% are female. However, there is no data to correlate a person’s sex with animal health or bee health offences. The Regulations will apply equally to all sexes.

Other

This EQIA has not found any notable differential impacts on the protected characteristics of gender reassignment, pregnancy and maternity, race, religion or belief, and sexual orientation. There was no impact, positive or negative, on the public sector equality duties relating to these characteristics