Animals (Penalty Notices) Act 2022
| Jurisdiction | UK Non-devolved |
| Citation | 2022 c. 19 |
| Year | 2022 |
(1) Where an enforcement authority for a relevant offence is satisfied beyond reasonable doubt that a person has committed the offence in England, the authority may issue a fixed penalty notice under this section to the person.(2) In this Act “relevant offence” means an offence within subsection (3) that is specified by regulations made by the Secretary of State.an offence under regulations made under section 2(2) of the European Communities Act 1972 which the Secretary of State considers relates to animals or animal products;an offence under the Dangerous Wild Animals Act 1976;an offence under section 19 of the Zoo Licensing Act 1981;an offence under the Animal Health Act 1981;an offence under the Animal Welfare Act 2006 or under regulations made under section 12 or 13 of that Act;an offence under the Wild Animals in Circuses Act 2019.(4) In this Act an “enforcement authority”, for a relevant offence, is a person who is specified in relation to the offence by regulations made by the Secretary of State (and the regulations may specify more than one person in relation to any relevant offence) .the Secretary of State,a local authority, orany other person that the Secretary of State considers appropriate.(6) A fixed penalty notice issued under this section may be withdrawn at any time by the authority that issued it.(1) Where a constable is satisfied beyond reasonable doubt that a person has committed a specified dangerous dogs offence in England or Wales, the constable may issue a fixed penalty notice under this section to the person.(2) In this section “specified dangerous dogs offence” means an offence within subsection (3) that is specified by regulations made by the Secretary of State.(3) The offences within this subsection are offences under sections 1, 3 and 4(8) of the Dangerous Dogs Act 1991.(4) A fixed penalty notice issued under this section may be withdrawn at any time by the constable that issued it or another constable in the same police force.(1) This section applies to a fixed penalty notice under section 1 or 2.(2) A fixed penalty notice is a notice giving the person to whom it is issued the opportunity to discharge any liability to conviction for the offence to which it relates by payment of an amount specified in the notice within the relevant period.£5,000, andthe maximum fine for which a person convicted of the offence is liable on summary conviction.(4) The relevant period is the period of 28 days beginning with the date on which the fixed penalty notice is issued.that the person issuing the notice is satisfied that the person has committed the offence, and why,the effect of subsection (6) , andwhen and how payment may be made.no proceedings may be instituted for the offence before the end of the relevant period, andthe full amount of the fixed penalty in the notice before the end of the relevant period, or50% of that amount before the end of the period of 14 days beginning with the date on which the relevant period starts.(7) Where proceedings are instituted for the offence after the end of the relevant period, that period is to be disregarded for the purposes of calculating the period mentioned in section 127(1) of the Magistrates’ Court Act 1980.whether to issue a fixed penalty notice to a person under section 1 or 2, andthe amount to be specified in the notice.the seriousness of the conduct to which the proposed notice relates (the “relevant conduct”) ;the duration of the relevant conduct;any evidence of intention behind the relevant conduct;any evidence of previous acts or omissions by the person similar to the relevant conduct;any action taken by the person to eliminate or reduce any risk of harm resulting from the relevant conduct;any action taken by the person to remedy or mitigate any harm resulting from the relevant conduct;whether the person reported the relevant conduct to the enforcement authority or constable;the conduct of the person after the relevant conduct is drawn to their attention by the enforcement authority or constable.additional matters to be taken into account in deciding whether to issue a fixed penalty notice;additional matters to be taken into account in deciding the amount to be specified in the notice;how the matters mentioned in subsection (2) and any additional matters of the kind mentioned in paragraph (a) or (b) are to be taken into account.(4) The guidance must be laid before Parliament after it is given.(5) An enforcement authority for a relevant offence or constable must have regard to the guidance.(1) Sums received by enforcement authorities for relevant offences or chief officers of police for police forces pursuant to fixed penalty notices issued under section 1 or 2 must be paid into the Consolidated Fund.
To continue reading
Request your trial