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Control of Dogs (Scotland) Act 2010

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This is the original version (as it was originally enacted).

Appeal against dog control notice

3Appeal against dog control notice

(1)P may by summary application appeal to the sheriff against (either or both)—

(a)a dog control notice served by virtue of paragraph (a) of section 1(1),

(b)a term of such a notice;

and the decision of the sheriff is final.

(2)On any such appeal, the sheriff may on the application of P suspend the effect of the dog control notice, or of any term of that notice, pending a decision in the appeal.

(3)On any such appeal, the sheriff may—

(a)uphold or discharge the notice or term appealed against,

(b)in the case of an appeal under paragraph (a) of subsection (1), decline to discharge the notice but discharge or vary a term of the notice,

(c)in the case of an appeal under paragraph (b) of that subsection—

(i)decline to discharge the term appealed against but vary it,

(ii)whether or not the term appealed against is discharged or varied, discharge or vary any other term of the notice.

(4)Without prejudice to the generality of subsection (3), variation of a term of the notice may include (either or both)—

(a)specifying a step to be taken by P additional to any specified by virtue of section 2(4),

(b)substituting a date for that by which a step is to be taken.

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