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

Recommendations and Conclusion

This EQIA process has identified that the Regulations will have limited impact on those with protected characteristics when compared to the exiting policy.

It has been identified that approximately 85% of all working occupiers of agricultural holdings in Scotland are over the age 45, and approximately 65% of all working occupiers of agricultural holdings are male. However, the use of FPNs will only be considered for people who have breached certain animal health and bee health legislation. A FPN may be considered when other enforcement measures have been attempted and proven ineffective, and will only be issued when an authorised officer has reasonable grounds to believe that a relevant offence has been committed. However, the choice of enforcement method will rest with the enforcement agency, based on the available evidence.

The Regulations introduce FPNs as an additional enforcement method and will only be applicable to individuals who are considered to have breached animal health or bee health legislation. The standard of proof remains unchanged from existing enforcement methods. The overall impact of the Regulations is therefore limited and does not introduce any additional effects on people with protected characteristics compared to the existing policy.

The effectiveness of the FPN scheme relies on consistent and appropriate use by enforcement bodies. Failure to apply FPNs as intended could undermine compliance, reduce deterrence, and could compromise the integrity of the regulatory framework. To address this risk, guidance for enforcement agencies will be developed to support them to use FPNs appropriately and consistently. Additionally, FPNs will be introduced for certain offences under a small number of statutory instruments under the Animal Health Act 1981 and the Bees Act 1980. This will allow monitoring and evaluation to be undertaken before expanding the use of FPNs to other instruments under the two Acts.

Whilst no issues were identified as a result of this EQIA, there will be continued consideration of the impact of the Regulations on those with protected characteristics following implementation. Should any impacts be identified, the EQIA will be updated.