New legislation introduces penalty notices for animal health and welfare offences

Local authorities will now be able to issue penalty notices for up to £5,000 following new legislation drafted to protect animal health and welfare.

The secondary legislation – which was laid on 11 December under the Animals (Penalty Notices) Act – follows a public consultation in which more than 85% of respondents supported the introduction of penalty notices.

From 1 January 2024, penalty notices will be added to existing enforcement measures, such as warning letters, statutory notices or movement restrictions.

The notices could be issued for offences such as:

• animals living in a poor environment
• repeated overdue bovine TB testing
• breaching of avian influenza housing orders
• animal breeders operating without a licence

‘Duty of care’

Advice and guidance will remain the primary enforcement tool, however, Defra hopes the deterrence of penalty notices will provide further protection to animals if advice and guidance is ignored or proves an insufficient incentive for change.

Penalty notices will give individuals the opportunity to discharge liability from prosecution for an alleged criminal offence in exchange for a fee and correcting the issue.

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.”

‘Valuable tool’

RSPCA public affairs manager for local government Lee Gingell added: “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.”

Statutory guidance has been published to help enforcement authorities with the implementation of penalty notices.