- Latest available (Revised)
- Original (As enacted)
There are currently no known outstanding effects for the Animals and Wildlife (Penalties, Protections and Powers) (Scotland) Act 2020, Cross Heading: Animal welfare offences: penalties.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
(1)The Animal Health and Welfare (Scotland) Act 2006 (in this Act, “the 2006 Act”) is amended as follows.
(2)In section 46 (penalties for offences)—
(a)for subsection (1) substitute—
“(1)A person who commits an offence under section 19 or 23 is liable—
(a)on summary conviction, to imprisonment for a term not exceeding 12 months or a fine not exceeding £20,000 (or both),
(b)on conviction on indictment, to imprisonment for a term not exceeding 5 years or a fine (or both).”,
(b)in subsection (3)—
(i)after “Part” insert “ (other than under regulations made under section 46A) ”,
(ii)for “referred to in subsection (2)” substitute “ mentioned in subsection (4) ”,
(c)after subsection (3) insert—
“(4)The penalties referred to in subsection (4) are imprisonment for a term not exceeding 12 months or a fine not exceeding £40,000 (or both).”.
(3)Section 44 is repealed.
Commencement Information
I1S. 1 in force at 30.11.2020 by S.S.I. 2020/379, reg. 2(1), sch. (with reg. 3)
In the 2006 Act, after section 46 insert—
(1)The Scottish Ministers may by regulations make provision for or in connection with the issuing of fixed penalty notices in relation to certain offences.
(2)The offences in relation to which fixed penalty notices may be issued must be specified in or by virtue of regulations under subsection (1).
(3)The offences which may be specified are offences—
(a)under—
(i)this Part,
(ii)regulations made under section 26, 27 or 28 (whether made before, on or after the coming into force of this section), or
(iii)another enactment (whether made or, as the case may be, passed before, on or after the coming into force of this section) which the Scottish Ministers consider relates to animal welfare, and
(b)in relation to which the maximum penalty on conviction does not exceed imprisonment for a term of 6 months or a fine of level 5 on the standard scale (or both).
(4)Regulations under subsection (1) may in particular include provision—
(a)subject to subsections (6) and (7), prescribing the form of a fixed penalty notice,
(b)prescribing the persons or categories of persons who are authorised to issue fixed penalty notices,
(c)conferring on the Scottish Ministers the power to authorise a person to issue fixed penalty notices,
(d)conferring powers to enter premises (other than dwelling-houses) in connection with the issuing of fixed penalty notices,
(e)about the circumstances in which fixed penalty notices may be issued (including the test which must be satisfied before a person authorised to issue such notices may do so),
(f)about the circumstances in which fixed penalty notices may not be issued,
(g)about the circumstances in which fixed penalty notices may be withdrawn (including the effects of such withdrawal),
(h)prescribing the amount of the fixed penalty which is to apply to an offence, being not more than level 5 on the standard scale,
(i)prescribing the person to whom payment may be made (who need not be the person who issued the fixed penalty notice),
(j)prescribing the period of time within which a fixed penalty may be paid (in this section, the “payment period”),
(k)about the circumstances in which a person to whom a fixed penalty notice is issued may decline the notice or otherwise object to or challenge it (including the period within which the person may do so),
(l)about the effects of failing to decline or otherwise object to or challenge a fixed penalty notice before the end of the period prescribed for doing so (including that such failure is deemed to be acceptance of the notice),
(m)conferring on the person who issued the fixed penalty notice or the person to whom payment may be made the power to extend the payment period in any particular case if the person considers it appropriate to do so,
(n)about the methods by which fixed penalties may be paid,
(o)for the amount of a fixed penalty to be discounted or increased by an amount or percentage in circumstances prescribed by the regulations (but not so as to make the amount payable more than level 5 on the standard scale),
(p)prescribing the effect of paying a fixed penalty within the payment period (for example, that no proceedings may be brought in respect of the offence to which the fixed penalty notice relates),
(q)about the consequences of not paying a fixed penalty within the payment period (including how liability to pay the penalty may be enforced),
(r)for additional procedure relating to fixed penalty notices (for example to make provision for hearings or appeals),
(s)for the destination of funds, the keeping of accounts and the preparation and publication of statements of account relating to fixed penalties provided for under the regulations,
(t)creating offences relating to—
(i)obstruction of a person who is exercising functions in relation to fixed penalty notices,
(ii)a failure to provide information requested in connection with a fixed penalty notice.
(5)The maximum penalty that may be provided for in regulations under subsection (1) creating an offence is, on summary conviction, a fine not exceeding level 5 on the standard scale.
(6)A fixed penalty notice provided for in regulations under subsection (1) must—
(a)identify the offence to which it relates, and
(b)specify reasonable particulars of the circumstances alleged to constitute the offence.
(7)A fixed penalty notice provided for in regulations under subsection (1) must also state—
(a)the date on which the fixed penalty notice is issued,
(b)the amount of the fixed penalty,
(c)the person to whom payment may be made and the person's address,
(d)the payment period,
(e)the method by which payment may be made,
(f)the effect of paying the fixed penalty within the payment period and the consequences of not paying the fixed penalty within that period,
(g)details of any procedure for challenging or appealing the fixed penalty notice.
(8)Regulations under subsection (1) may modify any enactment (including this Act).
(9)In this section, “fixed penalty notice” means a notice specifying a sum of money that may or must be paid as an alternative to prosecution for an offence.”.
Commencement Information
I2S. 2 in force at 30.11.2020 by S.S.I. 2020/379, reg. 2(1), sch.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: