Search Legislation

Control of Dogs (Scotland) Act 2010

Section 11: Disqualification from owning or keeping dog: further provisions

55.Section 11 makes it an offence not to comply with an order disqualifying a person from owning or keeping a dog under sections 5(2)(a) or 9(5). Prosecution is by summary procedure with the accused liable on conviction to a fine not exceeding level 3 on the standard scale (currently £1,000).

56.Subsections (2) and (3) provide for the procedure should a person wish to apply for discharge of a disqualification order imposed under section 5(2)(a) or section 9(5). The order must have been in force for at least one year and an application is made to the court which imposed the disqualification. Rules of court may specify the manner of appeal.

57.Subsection (4) clarifies that where an application to discharge a disqualification order is refused by the criminal court which made the original order under section 5(2)(a), the applicant can appeal to the High Court of Justiciary.

58.Should the application to discharge the disqualification order originally imposed under section 9(5) be refused, subsection (5) provides for appeal to the sheriff principal. The decision of the sheriff principal is final (subsection (6)).

Back to top

Options/Help

Print Options

Close

Explanatory Notes

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

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources