The Equine Animal (Identification) (Scotland) Regulations 2019

Fixed penalty notices

27.—(1) Where it is believed that a person has committed one or more of the following offences, this regulation applies—

(a) contravention of Article 23(1) as read with Article 23(2) (keeper required to ensure identification documents accompany equidae at all times), in circumstances where no smart card has been issued in accordance with regulation 12 (smart card to accompany equine animal), and where the circumstances of Article 24(1) do not apply, and

(b) contravention of Article 26(1)(a).

(2) Where an authorised officer of a local authority has reason to believe that a person is committing or has committed, within the area of the local authority, an offence specified in paragraph (1), the officer may issue that person a fixed penalty notice.

(3) A fixed penalty notice must—

(a) identify the alleged offence,

(b) give reasonable particulars of the circumstances alleged to constitute that offence,

(c) state the amount of the penalty and the period within which it may be paid,

(d) state the person to whom and the address at which payment of the penalty may be made,

(e) state the method or methods by which payment may be made,

(f) identify the person to whom and the address at which any representations relating to the notice may be made,

(g) contain an explanation of the effect of making payment in accordance with the notice, and of the consequences of not making a payment within the period for payment.

(4) The period for payment of the fixed penalty is the period of 28 days beginning with the day on which the notice is issued.

(5) The local authority may extend the period for paying the fixed penalty in any particular case if it considers it appropriate to do so.

(6) A penalty notice is issued at the time when it is sent by post.

(7) The sum specified for payment in a fixed penalty notice is 40 per cent of level 1 on the standard scale.

(8) Where a person is issued with a fixed penalty notice in respect of an offence specified in paragraph (1)—

(a) no criminal proceedings for the offence may be commenced before the end of the period for payment of the penalty, and

(b) if the person makes payment in accordance with the notice, the person may not at any time be convicted of that offence in respect of that person’s relevant act or omission.

(9) A fixed penalty notice must be issued as soon as reasonably practicable.

(10) A fixed penalty notice may be withdrawn by an authorised officer, if an authorised officer determines that the offence to which the notice relates was not committed or that the notice ought not to have been issued to the person named as the person to whom it was issued.

(11) Where a fixed penalty notice has been withdrawn—

(a) no amount is payable by way of fixed penalty in pursuance of that notice, and

(b) any amount paid by way of fixed penalty in pursuance of that notice must be repaid to the person who paid it.

(12) In this regulation—

“authorised officer” means an officer authorised by the local authority to receive information about the alleged commission of the offences specified in paragraph (1), and

“fixed penalty notice” means a notice issued by or on behalf of the local authority in whose area the offence is suspected of having been committed, offering the person to whom it is issued the opportunity to discharge any liability to conviction for an offence by payment of a fixed penalty to the appropriate local authority.