Animal Health Act 1981: expenditure and prosecutions - 2022

Formal enforcement actions under the Animal Health Act 1981 and other animal health and welfare legislation by local authorities in 2022

Convictions achieved under the Animal Health Act 1981 and other animal health and welfare legislation

Relevant Act, Order or Regulation:

Animal Health and Welfare Scotland Act 2006

Animal By Products (Enforcement) (Scotland) Regulations 2013

Nature of offence:

Leaving a dying cow in the main yard of farm without vet assistance and the dumping of a number of dead lambs and ewes without calling for uplift by a designated source

Result (when known):

Guilty

Decision (including imprisonment, fine etc.):

£1,800 Fine

Banning order on holding more than 20 cattle for a total of 3 years

Relevant Act, Order or Regulation:

Animal Health and Welfare (Scotland) Act 2006

Nature of offence:

Causing unnecessary suffering to a bovine animal

Result (when known):

Guilty

Decision (including imprisonment, fine etc.):

£3,000 Fine

Relevant Act, Order or Regulation:Food Hygiene (Scotland) Regulations 2006

Animal Health and Welfare (Scotland) Act 2006

Nature of offence:Nature of offence:Nature of offence:Nature of offence:

Failing to keep the premises clean and in a good state of repair, failing to take adequate steps to control pests, feeding pigs with eggs and eggshells, and failing to take reasonable measures to protect them from suffering and disease.

Causing approximately 2000 adult hens unnecessary suffering by failing to provide them with sufficient food and water.

Result (when known):

Guilty

Decision (including imprisonment, fine etc.):

2 years and 3 months Custodial sentence

Ban of 15 years from keeping animals

Relevant Act, Order or Regulation:

Food Hygiene (Scotland) Regulations 2006

Animal Health and Welfare (Scotland) Act 2006

Nature of offence:

Failing to keep the premises clean and in a good state of repair, failing to take adequate steps to control pests, feeding pigs with eggs and eggshells, and failing to take reasonable measures to protect them from suffering and disease.

Failing to provide sufficient food and water to a calf which resulted in its death

Causing approximately 2000 adult hens unnecessary suffering by failing to provide them with sufficient food and water.

Result (when known):

Guilty

Decision (including imprisonment, fine etc.):

180 hours of community payback

Number of visits and enforcement action taken

Notes:

1. This is the number of welfare visit undertaken which were programmed, part of planned interventions, or projects, or in response to complaints

2. This is the number of visits where biosecurity has been considered separately, outwith a general market or farm visit.

Number of complaints, service requests and livestock animals inspected

Notes:

1. This is the number of requests or complaints received which have required action or investigation by local authority animal health and welfare officers.

2. This figure includes request for service from consumers (not complaints), businesses and other agencies.

3. This is the total number of animals which were inspected or assessed in markets and other premises or holdings. This will include animals inspected for fitness, identification or health at markets and does not require that an examination takes place.

Summary of alternative enforcement interventions taken

• Building good working relationship with partner agencies including the Animal and Plant Health Agency (APHA), Scottish Government Rural Payments and Inspections Division (SGRPID), National Farmers Union Scotland (NFUS) and Scottish Society for Prevention of Cruelty to Animals (SSPCA) officers, together with staff at the local auction marts and port lairage. Effective communication and good local knowledge is utilised to ensure all possible alternative actions are explored and utilised when engaging with local livestock producers and industry partners.
• Undertaking a number of joint visits with APHA that have been intelligence led and continue to use gathered information and complaints as a source of where to direct resources.
• Supporting APHA with enforcement of illegal landings of dogs.
• Working with the Police on appropriate joint initiatives / events, such as days of action regarding the safety of vehicles used in the transport of livestock.
• Participation in multi-agency groups including the Rural Crime Group.
• Working with NFUS to target information to specific areas where low compliance in the use of authorised carriers to up-lift ABP has been identified.
• Engagement with the local livestock industry through the Shetland Animal Health Scheme which aims to prevent the introduction of a number of infectious diseases into the islands. This is a voluntary scheme that tests for a range of specific livestock diseases at the point of entry into Shetland and follows up any positive results in order to keep the islands disease free status.
• Enforce local bylaw for the control of sheep scab, aimed at preventing the introduction of scab into the islands.
• Attendance at Royal Highland Show at Ingliston checking livestock where advice was provided regarding provision of water for sheep during warm days at the show.
• Attendance at other agricultural shows, including: the Drymen Show, Gargunnock Farmers Club Agricultural Show, Campsie Show, Doune and Dunblane Show, Killin Show, the "Stars of the Future" Calf Show at United Auctions Livestock Market, Dalkeith Agricultural Show.
• Regular email updates to animal keepers informing them of preventive measures to be taken in case of a high risk of disease outbreak.
• Writing to all keepers of registered avian flocks regarding outbreak of Avian Influenza (AI) in wild birds along our coastline, with advice on increased biosecurity measures.
• Proactive social media releases to make poultry keepers aware of local AI outbreaks and providing guidance on the housing and mitigation measures they should implement whilst protection and surveillance zones were in place.
• Produced a range of public-facing guidance documents, including infographics and leaflets, for AI in poultry and other captive birds, wild birds, and general recommendations for the public.
• Working with the council's communications team to prepare and maintain a locally targeted AI web page.
• Specific interventions to commercial poultry keepers to discuss AI requirements and their biosecurity/housing measures.
• Responding to complaints regarding domestic poultry not be kept in accordance with AI restrictions, and also wild bird carcases on coastlines and other land.
• Joint working with Countryside Rangers regarding AI outbreaks along our coastline regarding collection and disposal of large numbers of dead birds in areas heavily frequented by the general public.
• Joint working with Parks and Recreation Officers to communicate with the public when AI identified in wild birds in local parks and wetlands.
• Contacting all premises where it was known that birds were kept to ensure awareness of AI restrictions.
• Discussion and liaison with farmers regarding compliance for Bovine Viral Diarrhoea (BVD).
• Produced in-depth guidance for applicants under The Animal Welfare (Licensing of Activities Involving Animals) (Scotland) Regulations 2021, covering pet sellers, breeders, Animal Welfare Establishments (AWE) and non-AWE rehoming organisations.
• Undertaking a joint initiative with the SSPCA regarding the identification and licensing of pet sellers, breeders, AWE's and non-AWE rehoming organisations.
• Specific targeted work to mitigate possible seizures of livestock and secure improvements to animal health and welfare conditions.

Notes: Alternative interventions are recorded to highlight additional work and areas covered. This may include attendance at agricultural shows, NFUS meetings; joint initiatives with APHA, police, SGRPID; leaflets and information etc.

Key Performance Measure

Notes: This is the figure for High Risk agricultural premises visited by local authorities but also includes visits that have not been carried out as a result of these premises being visited by APHA staff as part of their pre-planned visit plan. As a result this prevents penalising local authorities who are using a joined-up approach to prevent double visits by different enforcers for similar purposes.