UK Offence Report

The Animal Health (Fixed Penalty Notices) (Scotland) Regulations 2026

Scottish Statutory Instrument 2026 No. 67 — creates 2 criminal offences.

2offences created
0recorded in force
0revoked
Made
10 February 2026
In force from
7 March 2026
Extent
Not stated
Subject
Dogs, animals, hunting and wildlife
Made under
(9), Animal Health Act 1981, section 76A

Explanatory note

(This note is not part of the Regulations) — published with the instrument by the department that made it. © Crown copyright, reused under the Open Government Licence v3.0.

These Regulations make provision for a fixed penalty notice procedure in relation to certain legislative requirements or prohibitions under the Avian Influenza and Influenza of Avian Origin in Mammals (Scotland) Order 2006, the Avian Influenza (Preventive Measures) (Scotland) Order 2007, the Bovine Viral Diarrhoea (Scotland) Order 2019, the Disease Control (Interim Measures) (Scotland) Order 2002, the Markets, Sales and Lairs Order 1925, the Sheep Scab (Scotland) Order 2010 and the Tuberculosis (Scotland) Order 2023 (breach of these Orders being an offence under the Animal Health Act 1981) and the Bee Diseases and Pests Control (Scotland) Order 2007 (breach of which is an offence under the Bees Act 1980). These Regulations also make amendments to the Animal Health Act 1981 and the Bees Act 1980 to exclude the time period during which a fixed penalty notice may be paid from the time limit during which criminal proceedings may be brought in relation to an offence. Part 2 provides for a fixed penalty notice procedure. Regulation 3 gives an authorised officer the power to issue a fixed penalty notice where the authorised officer has reason to believe that a person has committed a relevant offence and sets out the circumstances in which a fixed penalty notice may not be issued. Regulation 4 provides for the contents of a fixed penalty notice. Regulation 5 sets out the procedure for determining the fixed penalty amount. Regulation 6 sets out the effect of paying a fixed penalty notice within the payment period. Regulation 7 provides that payment of the fixed penalty must be made to the relevant enforcement authority in accordance with the procedure set out in the notice. Regulation 8 provides for circumstances in which a fixed penalty notice may be withdrawn. Regulation 9 sets out the process for appealing the issue of a fixed penalty notice. Regulation 10 sets out the procedure for intimating an intention not to pay a fixed penalty notice to the relevant enforcement authority. Regulation 11 sets out the powers of authorised officers in relation to fixed penalty notices. Regulation 12 makes it an offence to obstruct an authorised officer who is exercising functions in relation to fixed penalty notices. Regulation 13 lists the record keeping requirements that enforcement authorities must adhere to. Part 3 contains supplementary provision amending the Bees Act 1980 and the Animal Health Act 1981. Regulation 14 amends the Bees Act 1980 to insert a new section 2A which will exclude the payment period for a fixed penalty notice from the time limit for bringing proceedings under section 136 of the Criminal Procedure (Scotland) Act 1995. Regulation 15 makes similar amendments to section 75 of the Animal Health Act 1981 in order to exclude the payment period from the time limit for bringing proceedings under section 75(4) of the Animal Health Act 1981. The table in schedule 1 lists the relevant requirements under legislation and relevant offences in relation to which a fixed penalty notice may be issued. It also notes the penalty level for breaching each requirement under legislation and sets out exclusions to certain relevant requirements. The table in schedule 2 lists the monetary amount that is attributable to each penalty level.

Offences created by this instrument

What Parliament said about it

Hansard was searched for this instrument by name and returned nothing. That is the ordinary outcome: an instrument laid under the negative procedure is usually never debated, and becomes law without a word said about it in either House.

How Parliament handled it

Parliament's Statutory Instruments service has no record of this instrument, although it covers the period. Nothing is inferred from that.

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