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Dog Fouling (Scotland) Act 2003

Section  13: Withdrawal of fixed penalty notice

42.Under this section an authorised officer or a police constable can withdraw a fixed penalty notice if he or she determines that the offence has not been committed or that the notice should not have been issued to the person who is named in the notice. A local authority officer can only withdraw notices issued by the local authority and the police only have the power to withdraw notices issued by police constables. A fixed penalty notice might be withdrawn, for example, where it was issued to a person and it was then later discovered that the person had consent from the owner and occupier of the land (section 1(b)). Another situation where a fixed penalty notice may be withdrawn is if it transpires that there has been a mistake as to the identity of the alleged offender and the fixed penalty notice should not have been issued to the person who is named in the notice.

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Text created by the Scottish Executive department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills

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