87% of the respondents to the consultation supported the use of penalty notices for the promotion of animal welfare related offences, with 67% agreeing that they would be suitable for all offences. Section 3(3) of the act specifies that a fixed penalty notice may not exceed, whichever is the lower of:
- £5,000.00, or
- The maximum fine for which a person convicted of the same offence is liable to pay on summary conviction.
The relevant period for payment is 28 days, the amount of the penalty will be reduced by 50% should payment of the notice be made within 14 days. However, failure to pay within the relevant period could result in proceedings being issued.
There are various different offences which could incur a fixed penalty notice such as:
- Keeping animals in a poor living environment;
- Overdue TB testing;
- Breeders operating without a licence; and
- Breaching avian influenza housing orders.
The act is intended to compliment the existing enforcement measures available for animal offences, the main tool of which is to provide advice and guidance to protect animals. Although the option of being able to issue a penalty notice is another tool in the arsenal of enforcement agents.
To find out more visit:
https://www.gov.uk/government/news/penalty-notices-introduced-for-animal-health-and-welfare-offences
For further advice on animal welfare, especially owning and caring for horses, contact our Equine Law team on 03456 465 465 or email enquiries@rotherabray.co.uk
Disclaimer: This blog is for information only and does not constitute legal advice. If you need legal advice, please contact us on 03456 465 465 or email enquiries@rotherabray.co.uk to get tailored advice specific to your circumstances from our qualified lawyers.
