Explanatory notes to the Bill, prepared by the Department for Environment, Food and Rural Affairs with consent of Lord Randall of Uxbridge, the Member in Charge of the Bill, have been ordered to be published as HL Bill 108—EN.
A
bill
to
Make provision for and in connection with the giving of penalty notices for certain offences relating to animals and animal products.
B e it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
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.
In this Act “relevant offence” means an offence within
subsection (3)
that is
specified by regulations made by the Secretary of State.
The offences within this subsection are—
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.
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 persons who may be specified by regulations under subsection (4) are—
the Secretary of State,
a local authority, or
any other person that the Secretary of State considers appropriate.
A fixed penalty notice issued under this section may be withdrawn at any
time by the authority that issued it.
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.
In this section “specified dangerous dogs offence” means an offence within
subsection (3) that is specified by regulations made by the Secretary of State.
The offences within this subsection are offences under sections 1, 3 and 4(8)
of the Dangerous Dogs Act 1991.
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.
This section applies to a fixed penalty notice under section 1 or 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.
The amount specified in a fixed penalty notice may not exceed whichever is
the lesser of—
£5,000, and
the maximum fine for which a person convicted of the offence is liable
on summary conviction.
The relevant period is the period of 28 days beginning with the date on which
the fixed penalty notice is issued.
A fixed penalty notice must explain—
that the person issuing the notice is satisfied that the person has
committed the offence, and why,
the effect of subsection (6) , and
when and how payment may be made.
Where a fixed penalty notice is issued to a person (and has not been
withdrawn)—
no proceedings may be instituted for the offence before the end of the
relevant period, and
the person may not be convicted of the offence if the person pays—
the full amount of the fixed penalty in the notice before the
end of the relevant period, or
50% of that amount before the end of the period of 14 days
beginning with the date on which the relevant period starts.
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.
An enforcement authority for a relevant offence or a constable must take into
account the matters mentioned in
subsection (2)
in deciding—
whether to issue a fixed penalty notice to a person under section 1 or
2, and
the amount to be specified in the notice.
The matters are—
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.
The Secretary of State must give guidance about—
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.
The guidance must be laid before Parliament after it is given.
An enforcement authority for a relevant offence or constable must have regard
to the guidance.
But before paying such sums into the Consolidated Fund an enforcement
authority for one or more relevant offences or chief officer of police for a
police force may deduct—
the costs of issuing the notices.
As soon as reasonably practicable after the end of each financial year an
enforcement authority for one or more relevant offences (other than the
Secretary of State) or the chief officer of police for a police force must give
to the Secretary of State a report containing the following information in relation
to that year—
the amounts specified in the notices;
the offences to which the notices relate.
The Secretary of State must produce and publish a report for each financial
year containing—
the information provided to the Secretary of State under
subsection
(1)
, and
in relation to fixed penalty notices issued under
section 1
by the
Secretary of State during that year, information about—
the number of fixed penalty notices issued;
the amounts specified in the notices;
the offences to which the notices relate.
In this section “financial year” means—
the period beginning with the day on which
this section
comes into
force and ending with the following 31 March, and
each successive period of 12 months.
In this Act—
“
local authority” means—
a district council or county council in England,
a London borough council,
the Common Council of the City of London, or
the Council of the Isles of Scilly;
This Act extends to England and Wales only.
The other provisions of this Act come into force on such day or days as the
Secretary of State may by regulations made by statutory instrument appoint.
This Act may be cited as the Animals (Penalty Notices) Act 2022.
A
bill
to
Make provision for and in connection with the giving of penalty notices for certain offences relating to animals and animal products.
Brought from the Commons on
Ordered to be Printed, .
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