New legislation laid today (11 December) will introduce the
option to issue fixed penalty notices for a range of animal
health and welfare related offences.
The secondary legislation – which has been laid under the Animals
(Penalty Notices) Act - follows a public consultation in
which more than 85% of respondents supported the introduction of
penalty notices as an enforcement tool.
From 1 January 2024, they will be added to the existing portfolio
of enforcement measures, such as warning letters, statutory
notices or movement restrictions to protect animals and help
ensure animal keepers follow the law.
Owners will face penalties of up to £5,000, and serious animal
welfare offences will still be prosecuted.
They could be issued for offences such as animals living in a
poor environment, repeated overdue bovine TB testing, breaching
of avian influenza housing orders, or animal breeders operating
without a license.
Animal health and welfare legislation is paramount in protecting
the country from the threat of diseases, which impact our
nation’s productivity and ability to trade freely, as well as
making sure all animals are treated properly at all stages of
life.
In cases of non-compliance, enforcement bodies use appropriate
enforcement tools to make sure the law is upheld.
Advice and guidance will remain the primary enforcement tool for
early redirection to protect animals from harm. However, the
deterrence of penalty notices will provide further protection to
animals if this advice and guidance is ignored or proves an
insufficient incentive for change.
Animal Welfare and Biosecurity Minister Douglas-Miller
said:
“All keepers have a duty of care to protect their animals from
harm, as well as adhering to biosecurity rules to protect our
nation from devastating diseases.
“I know the majority of animal owners recognise the importance of
these rules, but it is vital that tough enforcement steps are
taken when those rules are broken.
“I welcome penalty notices as an additional tool for our partners
to use to encourage compliance with the law.”
Lee Gingell, RSPCA public affairs manager for local
government, said:
"The RSPCA believes fixed penalty notices can be a valuable tool
for policing administrative and technical offences related to
animals - where welfare isn't seriously compromised, or in
situations where firmer enforcement is not required.
"While stronger enforcement action is needed when more serious
animal welfare offences occur, the RSPCA welcomes steps that
broaden the toolkit of local authorities to promote best practice
and protect animals within their communities.
"It's encouraging to hear that the UK Government will now issue
thorough guidance and work with local authorities on these
changes - as ensuring Councils are well equipped and competent in
the use of these new FPN powers will be key in ensuring they are
effective and improve animal welfare."
A penalty notice gives an individual the opportunity to discharge
liability from prosecution for an alleged criminal offence in
exchange for a fee and correcting the issue.
Statutory guidance has
also been published today to help enforcement authorities with the
implementation of penalty notices.
