Animals (Penalty Notices) Act 2022

Commentary on provisions of Act

Chapter 1: Fixed penalty notices

Section 1: Powers of enforcement authorities

22. Section 1 defines the relevant offences and the role of enforcement authorities in issuing a fixed penalty notice.
23. Subsection (1) sets out the condition that an enforcement authority may issue a fixed penalty notice if they are satisfied beyond reasonable doubt that a person has committed a relevant offence in England.
24. Subsection (2) defines a ‘relevant offence’ as an offence within subsection (4) that is prescribed by regulations made by the Secretary of State.
25. Subsection (3)(a) to (f) lists the relevant legislation to which fixed penalty notices may be applied. By listing all legislation, it allows for both the parent act and any secondary legislation made under it to be considered for penalty notices. However, the act of inclusion does not mean that a penalty notice will necessarily be applied to any or all offences under that legislation. Through the mechanism detailed in section 7(2), they will first be required to be considered and then ‘turned on’ via secondary legislation.
26. Subsection (4) defines ‘enforcement authority’ for a relevant offence as a person who is specified by regulations made by the Secretary of State. The regulations made by the Secretary of State may specify more than one person in relation to any relevant offence.
27. Subsection (5) states that the persons who may be specified by regulations in relation to subsection (4) include the Secretary of State, a local authority, or any other person considered appropriate by the Secretary of State.
28. Subsection (6) states that the authority who issued the fixed penalty notice may at any time withdraw it.

Section 2: Power of constables

29. Section 2 outlines the role of constables in issuing fixed penalty notices for offences relating to dangerous dogs.
30. Subsection (1) sets out the condition that a constable may issue a fixed penalty notice if they are satisfied beyond reasonable doubt that a specified dangerous dogs offence has been committed in England or Wales.
31. Subsection (2) describes a ‘prescribed dangerous dogs offence’ as an offence under subsection (3) that is specified by regulations made by the Secretary of State.
32. Subsection (3) states that the offences within this subsection are offences under section 1, 3 or 4(8) of the Dangerous Dogs Act 1991.
33. Subsection (4) states that the constable, or a constable from the same police force as the constable who issued the fixed penalty notice under this section, may at any time withdraw it.

Section 3: Content and effect of notices

34. Section 3 outlines the structure of fixed penalty notices.
35. Subsection (1) determines that this section applies to a fixed penalty notice under section 1 or 2.
36. Subsection (2) explains that a ‘fixed penalty notice’ is a notice issued to a person to give them an opportunity to pay a specified financial penalty in order to discharge any liability to conviction for that offence within the relevant period.
37. Subsection (3) states that the maximum fixed penalty notice is £5,000, or the maximum fine the offender could be liable to pay if convicted for the same offence.
38. Subsection (4) defines ‘relevant period’ as used in this Act as 28 days starting on the date the fixed penalty notice was issued.
39. Subsection (5) outlines the information that will be included in the fixed penalty notice. This includes a statement that the enforcement authority or constable is satisfied beyond reasonable doubt that the person committed a relevant offence; the effect of subsection (6) of this section; when payment may be made; and how.
40. Subsection (6) applies when a fixed penalty notice is issued to a person and not withdrawn. Subsection (6)(a) states that proceedings will not be instituted until after the relevant period has expired for the person who committed the offence to pay the fixed penalty notice and thus discharge liability. Subsection (5)(b) details that the person who committed the offence may not be convicted of the offence if the person pays the fixed penalty notice in full within the relevant period, or they pay 50% of the fixed penalty notice within 14 days of the start of the relevant period.
41. Subsection (7) specifies that when prosecution is pursued, the window in which to pursue this starts from the day that the fixed penalty notice relevant period lapsed, as outlined in section 127(1) of the Magistrates’ Court Act 1980.

Section 4: Matters to be taken into account

42. Section 4 details the considerations enforcement authorities or constables must apply before issuing fixed penalty notices.
43. Subsection (1) states that an enforcement authority or constable must take into account the factors mentioned in subsection (2) in deciding (a) whether to issue a fixed penalty notice to a person under section 1 or 2, and (b) the amount to be specified in the notice.
44. Subsection (2) lists the factors to be considered by an enforcement authority or constable. These are: (a) the seriousness of the relevant conduct; (b) the duration of the relevant conduct; (c) any evidence of intention behind the relevant conduct; (d) any evidence of previous acts or omissions by the relevant person similar to the relevant conduct; (e) any action taken by the relevant person to eliminate or reduce any risk of harm resulting from the relevant conduct; (f) any action taken by the relevant person to remedy or mitigate any harm resulting from the relevant conduct; (g) whether the relevant person reported the relevant conduct to an enforcement authority or constable; (h) the conduct of the relevant person after the relevant conduct is drawn to their attention by an enforcement authority or constable.
45. Subsection (3) details that the Secretary of State must give guidance about (a) additional matters to be taken into account in deciding whether to issue a fixed penalty notice; (b) additional matters to be taken into account in deciding the amount to be specified in the notice; and (c) how the factors listed in subsection (2) and any additional matters detailed in paragraphs (a) or (b) need to be taken into account.
46. Subsection (4) establishes that the guidance is to be laid before Parliament and thus be subject to scrutiny before it is introduced.
47. Subsection (5) clarifies that enforcement authorities or constables need to have regard to the guidance.

Section 5: Use of proceeds

48. Section 5 states where the proceeds from fixed penalty notices must be paid. Section 5 recognises that as a matter of House of Commons procedure, a financial resolution needed to be agreed for the Bill from which the Act resulted.
49. Subsection (1) states that funds received by enforcement authorities or chief officers of police from the receipt of paid fixed penalty notices issued under section 1 or 2 must be paid into the Consolidated Fund.
50. Subsection (2) defines the costs that may be deducted by enforcement authorities or chief officers of police before paying the remaining funds received into the Consolidated Fund. These are the costs of investigating the offence relevant to the fixed penalty notice issued and the cost incurred by the enforcement authority or constable to issue the fixed penalty notice.

Section 6: Reports

51. Section 6 specifies the reporting required on the use of fixed penalty notices.
52. Subsection (1) specifies the responsibility on enforcement authorities or chief officers of police to submit an annual report to the Secretary of State after the end of each financial year. The report must include
    1. the number of fixed penalty notices issued;
    2. the financial amounts of the penalties issued; and
    3. the reason each fixed penalty notice was issued, i.e. the offence committed.
53. Subsection (2)(a) states that the Secretary of State must publish a report containing the information provided under subsection (1) for each financial year. Subsection (2)(b) details that a report must also be issued for penalty notices issued by the Secretary of State during that year, including (i) the number of fixed penalty notices issued; (ii) the financial amounts of the penalties issued; and (iii) the reason each fixed penalty notice was issued, i.e. the offence committed.
54. Subsection (3) clarifies the meaning of ‘financial year’ as used in this Act as the period from 01 April until the following 31 March, on a 12-month rolling basis. The first relevant financial year will run from the day this section of the Act comes into force until the following 31 March.

Section 7: Regulations

55. Section 7 states the requirements that must be met when introducing regulations in relation to this Act.
56. Subsection (1) states that regulations made under section 1 or 2 may contain transitional provision, which means that an enforcement authority may not start issuing fixed penalty notices for relevant offences until a statutory instrument names the enforcement authority in relation to those offences.
57. Subsection (2) states that regulations made under section 1 or 2 are to be made by statutory instrument.
58. Subsection (3) establishes that any such statutory instrument would be subject to the negative procedure, which means that the statutory instrument will become law on the date stated unless it is annulled by either House within a 40-day period.

Section 8: Interpretation

59. Section 8 defines key meanings as they are intended in the Act.
60. Section 8 defines the meaning of ‘enforcement authority’; ‘local authority’; and ‘relevant offence’.
61. Section 9: Extent, commencement and short title
62. Section 9 defines the extent that the Act applies, commencement date and the short title.
63. Subsection (1) states that the Act extends only to England and Wales.
64. Subsection (2) states that section 1(2) to (5), 2(2) and (3), 4(3) and (4), 7 and 8 and this section of the Act come into force two months after the Act is passed.
65. Subsection (3) details that the other provisions of the Act will come into force when regulations made by statutory instrument are appointed by the Secretary of State.
66. Subsection (5) details that the Act may be cited as Animals (Penalty Notices) Act 2022.