Search Legislation

Control of Dogs (Scotland) Act 2010

Section 5: Failure to comply with dog control notice

35.Section 5(1) makes it a criminal offence to fail to comply with a dog control notice. Proceedings are by way of summary procedure with the proper person on conviction liable to a fine not exceeding level 3 on the standard scale (currently £1,000).

36.On conviction, subsection (2)(a) gives the court power to issue a disqualification order banning P from owning or keeping a dog for such a period of time as the court sees fit.

37.Subsection (2)(b) allows the court, on conviction, to order the destruction of the dog if it considers it is dangerous.

38.Under subsection (3) the court is also given the power to discharge the dog control notice, whether or not the proper person is convicted. If it does discharge the notice, and the dog is not destroyed, it can require the local authority under subsection (4) to serve a further notice and that it include such additional steps it considers appropriate to bring and keep the dog under control. Subsection (6) makes it clear that these steps replace any which could be specified by the authorised officer under section 2(4).

39.Subsection (7) provides that where P is convicted, a disqualification order or destruction order under subsection (2) or against any further control notice imposed under subsection (4) will be treated as a sentence under the Criminal Procedure (Scotland) Act 1995 for the purposes of making an appeal. Such appeals are made to the High Court of Justiciary.

40.Where P is not convicted, subsection (8) provides that an appeal against any notice or term of notice required under subsection (4) or (6) is made to the High Court of Justiciary.

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