Animal Health Act 1981

Further provisions as to punishment of offences E+W+S

74 Liability under the customs and excise Acts. E+W+S

A person who—

(a) lands or ships or attempts to land or ship [F1 or brings or attempts to bring through the tunnel system as defined in the Channel Tunnel Act 1987] an animal or thing, and

(b) by so doing is in contravention of this Act or of an order of the Minister,

is liable under and according to the customs and excise Acts to the penalties imposed on persons importing or exporting or attempting to import or export goods the importation or exportation of which is prohibited.

This section is without prejudice to any proceeding under this Act against such a person for an offence against this Act.

Textual Amendments

F1 Words inserted by S.I. 1990/2371, art. 2(1), Sch. 1

[F2 75 Penalties for certain summary offences E+W

(1) This section applies to any offence under this Act for which no penalty is specified.

(2) A person guilty of an offence to which this section applies is liable on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding level 5 on the standard scale or to both.]

Extent Information

E1 This version of this provision extends to England and Wales only; a separate version has been created for Scotland only

Textual Amendments

F2 S. 75 substituted (14.1.2003) by 2002 c. 42, s. 13; S.I. 2002/3044, art. 2

Modifications etc. (not altering text)

C1 S. 75 applied (W.) (28.10.2005 at 17:20) by The Avian Influenza (Preventive Measures) (Wales) Regulations 2005 (S.I. 2005/2985), regs. 1, 10(1)(h)

C2 S. 75 applied (E.) (28.10.2005 at 12.00 p.m.) by Avian Influenza (Preventive Measures in Zoos) Regulations 2005 (S.I. 2005/2990), regs. 1, 7(1)(h)

C3 S. 75 applied (W.) (28.10.2005 at 17:20) by The Avian Influenza (Preventive Measures in Zoos) (Wales) Regulations 2005 (S.I. 2005/2984), regs. 1, 7(1)(h)

C4 S. 75 applied (E.) (28.10.2005 at 12.00 p.m.) by Avian Influenza (Preventive Measures) Regulations 2005 (S.I. 2005/2989), regs. 1, 10(1)(h)

C5 S. 75 applied (W.) (9.12.2005) by The Avian Influenza (Preventive Measures) (Wales) (No. 2) Regulations 2005 (S.I. 2005/3384), regs. 1, 10(1)

C6 S. 75 applied (E.) (with modifications) (9.12.2005) by Avian Influenza (Preventive Measures) (No.2) Regulations 2005 (S.I. 2005/3394), regs. 1(2), 13

C7 S. 75 applied (W.) (9.12.2005) by The Avian Influenza (Preventive Measures in Zoos) (Wales) (No. 2) Regulations 2005 (S.I. 2005/3385), regs. 1, 7(1)

C8 S. 75 applied (with modifications) (W.) (1.2.2006) by The Foot-and-Mouth Disease (Control of Vaccination) (Wales) Regulations 2006 (S.I. 2006/180), regs. 1(2), 36(3)

C9 S. 75 modified (E.) (23.2.2006) by Foot-and-Mouth Disease (Control of Vaccination) (England) Regulations 2006 (S.I. 2006/183), regs. 1(2), 37(3)

C10 S. 75 applied (with modifications) (S.) (23.2.2006) by Foot and Mouth Disease (Slaughter and Vaccination) (Scotland) Regulations 2006 (S.S.I. 2006/45), regs. 1(1), 41(3)

C11 S. 75 applied (with modifications) (W.) (6.7.2006) by The Avian Influenza (Vaccination) (Wales) Regulations 2006 (S.I. 2006/1761), regs. 1(2), 18(3)

C12 S. 75 applied (E.) (13.11.2006) by The Avian Influenza (Preventive Measures) (England) Regulations 2006 (S.I. 2006/2701), regs. 1(2), 20(3)

C13 S. 75 applied (W.) (with modifications) (13.11.2006) by Avian Influenza (Preventive Measures) (Wales) Regulations 2006 (S.I. 2006/2803), regs. 1(1), 20(3)

C14 S. 75 applied (with modifications) (W.) (14.11.2006) by The Avian Influenza (Vaccination) (Wales) (No.2) Regulations 2006 (S.I. 2006/2932), regs. 1(2), 21(3)

C15 S. 75 applied (with modifications) (E.) (14.11.2006) by The Avian Influenza (Vaccination) (England) Regulations 2006 (S.I. 2006/2703), regs. 1(2), 21(3)

C16 S. 75 applied (with modifications) (E.) (6.4.2008) by Products of Animal Origin (Disease Control) (England) Regulations 2008 (S.I. 2008/465), art. 1(c)reg. 21(2)

C17 S. 75 applied (with modifications) (W.) (3.6.2008) by The Products of Animal Origin (Disease Control) (Wales) Regulations 2008 (S.I. 2008/1275), regs. 1, 21(2)

[F5 75 Penalties and time limits for certain offences: Scotland S

(1) This section applies to any offence under this Act for which no penalty is specified by any other provision of this Act.

(2) A person guilty of an offence to which this section applies is liable on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding level 5 on the standard scale or to both.

(3) Proceedings for an offence to which this section applies may be brought within the period of 6 months from the date on which evidence sufficient in the opinion of the prosecutor to warrant the proceedings came to the prosecutor's knowledge.

(4) No such proceedings may be brought more than 3 years—

(a) after the commission of the offence; or

(b) in the case of an offence involving a continuous contravention, after the last date on which the offence was committed.

(5) It shall be competent in a prosecution of an offence involving a continuous contravention to include the entire period during which the contravention occurred.

(6) For the purposes of this section proceedings shall be deemed to be commenced on the date on which a warrant to apprehend or to cite the accused is granted provided that the warrant is executed without undue delay.

(7) A certificate signed by or on behalf of the prosecutor and stating the date on which such evidence came to the prosecutor's knowledge is conclusive evidence of that fact; and a certificate stating that matter and purporting to be so signed is to be treated as being so signed unless the contrary is proved.]

Extent Information

E2 This version of this provision extends to Scotland only; a separate version has been created for England and Wales only

Textual Amendments

F5 S. 75 substituted (S.) (6.10.2006) by Animal Health and Welfare (Scotland) Act 2006 (asp 11), ss. 14, 55(1) (with s. 54); S.S.I. 2006/482, art. 2

Modifications etc. (not altering text)

C1 S. 75 applied (W.) (28.10.2005 at 17:20) by The Avian Influenza (Preventive Measures) (Wales) Regulations 2005 (S.I. 2005/2985), regs. 1, 10(1)(h)

C2 S. 75 applied (E.) (28.10.2005 at 12.00 p.m.) by Avian Influenza (Preventive Measures in Zoos) Regulations 2005 (S.I. 2005/2990), regs. 1, 7(1)(h)

C3 S. 75 applied (W.) (28.10.2005 at 17:20) by The Avian Influenza (Preventive Measures in Zoos) (Wales) Regulations 2005 (S.I. 2005/2984), regs. 1, 7(1)(h)

C4 S. 75 applied (E.) (28.10.2005 at 12.00 p.m.) by Avian Influenza (Preventive Measures) Regulations 2005 (S.I. 2005/2989), regs. 1, 10(1)(h)

C5 S. 75 applied (W.) (9.12.2005) by The Avian Influenza (Preventive Measures) (Wales) (No. 2) Regulations 2005 (S.I. 2005/3384), regs. 1, 10(1)

C6 S. 75 applied (E.) (with modifications) (9.12.2005) by Avian Influenza (Preventive Measures) (No.2) Regulations 2005 (S.I. 2005/3394), regs. 1(2), 13

C7 S. 75 applied (W.) (9.12.2005) by The Avian Influenza (Preventive Measures in Zoos) (Wales) (No. 2) Regulations 2005 (S.I. 2005/3385), regs. 1, 7(1)

C8 S. 75 applied (with modifications) (W.) (1.2.2006) by The Foot-and-Mouth Disease (Control of Vaccination) (Wales) Regulations 2006 (S.I. 2006/180), regs. 1(2), 36(3)

C9 S. 75 modified (E.) (23.2.2006) by Foot-and-Mouth Disease (Control of Vaccination) (England) Regulations 2006 (S.I. 2006/183), regs. 1(2), 37(3)

C10 S. 75 applied (with modifications) (S.) (23.2.2006) by Foot and Mouth Disease (Slaughter and Vaccination) (Scotland) Regulations 2006 (S.S.I. 2006/45), regs. 1(1), 41(3)

C11 S. 75 applied (with modifications) (W.) (6.7.2006) by The Avian Influenza (Vaccination) (Wales) Regulations 2006 (S.I. 2006/1761), regs. 1(2), 18(3)

C12 S. 75 applied (E.) (13.11.2006) by The Avian Influenza (Preventive Measures) (England) Regulations 2006 (S.I. 2006/2701), regs. 1(2), 20(3)

C13 S. 75 applied (W.) (with modifications) (13.11.2006) by Avian Influenza (Preventive Measures) (Wales) Regulations 2006 (S.I. 2006/2803), regs. 1(1), 20(3)

C14 S. 75 applied (with modifications) (W.) (14.11.2006) by The Avian Influenza (Vaccination) (Wales) (No.2) Regulations 2006 (S.I. 2006/2932), regs. 1(2), 21(3)

C15 S. 75 applied (with modifications) (E.) (14.11.2006) by The Avian Influenza (Vaccination) (England) Regulations 2006 (S.I. 2006/2703), regs. 1(2), 21(3)

C16 S. 75 applied (with modifications) (E.) (6.4.2008) by Products of Animal Origin (Disease Control) (England) Regulations 2008 (S.I. 2008/465), art. 1(c)reg. 21(2)

C17 S. 75 applied (with modifications) (W.) (3.6.2008) by The Products of Animal Origin (Disease Control) (Wales) Regulations 2008 (S.I. 2008/1275), regs. 1, 21(2)

76 Certain importation offences triable either summarily or on indictment. E+W+S

(1) Where—

(a) an offence against this Act which is declared to be such by an order under section 10 above, and

(b) that order is expressed to be made for the purpose of preventing the introduction of rabies into Great Britain,

that offence may be tried either summarily or on indictment.

(2) For an offence triable under subsection (1) above a person shall be liable—

(a) on summary conviction to a fine not exceeding the statutory maximum;

(b) on conviction on indictment to a fine or to imprisonment for a term not exceeding 12 months or to both.

(3) Where an order under section 10 declares that this subsection applies to an offence which consists of—

(a) a contravention of, or failure to comply with, any provision of that order, or

(b) a failure to observe any conditions to which a licence issued in accordance with that order is subject,

that offence may be tried either summarily or on indictment, and a person convicted of such an offence shall be liable as provided in paragraphs (a) and (b) of subsection (2) above.

F3 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F3 S. 76(4) repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt.XIV.

Modifications etc. (not altering text)

C18 S. 76(3) applied by S.I. 1986/2265, arts. 11, 12

[F4 76A Fixed penalty notices S

(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 Act,

(ii) orders or regulations made under this Act (whether made before, on or after the coming into force of this section),

(iii) the Bees Act 1980,

(iv) orders made under the Bees Act 1980 (whether made before, on or after the coming into force of this section), or

(v) 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 health, 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) In this section—

• “animal” includes bees in any stage of their life cycle,

• “enactment” includes an Act of the Scottish Parliament and an instrument under such an Act,

• “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.

(9) Regulations under this section—

(a) are subject to the affirmative procedure,

(b) may make—

(i) incidental, supplementary, consequential, transitional, transitory or saving provision,

(ii) different provision for different purposes,

(c) may modify any enactment (including this Act).]

Textual Amendments

F4 S. 76A inserted (S.) (30.11.2020) by Animals and Wildlife (Penalties, Protections and Powers) (Scotland) Act 2020 (asp 14), ss. 6, 22(2); S.S.I. 2020/379, reg. 2(1), sch.