Animal health offences: penalties 4 Fixed penalty notices for offences relating to animal health In the Animal Health Act 1981, after section 76 insert— 5 “76A Fixed penalty notices (1) The Scottish Ministers may by regulations make provision for or in connection with the issuing of fixed penalty notices in relation to certain offences. (2) The offences in relation to which fixed penalty notices may be issued must be specified in or by virtue of regulations under subsection (1). 10 (3) The offences which may be specified are offences— (a) under— (i) this Act, (ii) orders or regulations made under this Act (whether made before, on or after the coming into force of this section), 15 (iia) the Bees Act 1980, (iib) orders made under the Bees Act 1980 (whether made before, on or after the coming into force of this section), or (iii) another enactment (whether made or, as the case may be, passed before, on or after the coming into force of this section) which the 20 Scottish Ministers consider relates to animal health, and (b) in relation to which the maximum penalty on conviction does not exceed imprisonment for a term of 6 months or a fine of level 5 on the standard scale (or both). (3A) Regulations under subsection (1) may in particular include provision— 25 (a) subject to subsections (3C) and (3D), prescribing the form of a fixed penalty notice, (b) prescribing the persons or categories of persons who are authorised to issue fixed penalty notices, (c) conferring on the Scottish Ministers the power to authorise a person to 30 issue fixed penalty notices, (d) conferring powers to enter premises (other than dwelling-houses) in connection with the issuing of fixed penalty notices, (e) about the circumstances in which fixed penalty notices may be issued (including the test which must be satisfied before a person authorised to 35 issue such notices may do so), (f) about the circumstances in which fixed penalty notices may not be issued, (g) about the circumstances in which fixed penalty notices may be withdrawn (including the effects of such withdrawal), Animals and Wildlife (Penalties, Protections and Powers) (Scotland) Bill 7 Chapte r 1—Animal welfare, animal health and wildlife: offences and penalties (h) prescribing the amount of the fixed penalty which is to apply to an offence, being not more than level 5 on the standard scale, (i) prescribing the person to whom payment may be made (who need not be the person who issued the fixed penalty notice), 5 (j) prescribing the period of time within which a fixed penalty may be paid (in this section, the “payment period”), (k...