Search Legislation

Control of Dogs (Scotland) Act 2010

Status:

This is the original version (as it was originally enacted).

1Serving of dog control notice

This section has no associated Explanatory Notes

(1)If—

(a)it comes to the attention of an authorised officer that a dog has, on at least one occasion after this section has come into force, been out of control, the officer may serve on the proper person a written notice (to be known as a “dog control notice”) requiring the person to bring and keep the dog under control,

(b)a court makes a requirement under section 5(4) or a case is remitted under section 9(3), an authorised officer is to serve such a notice (or as the case may be a further such notice) on the proper person.

(2)It is immaterial, for the purposes of subsection (1)(a), that on the occasion in question (or as the case may be on either, any or all of those occasions) some person other than the proper person was in charge of the dog.

(3)For the purposes of this Act, a dog is out of control if—

(a)it is not being kept under control effectively and consistently (by whatever means) by the proper person,

(b)its behaviour gives rise to—

(i)alarm, or

(ii)apprehensiveness,

on the part of any individual, and

(c)the individual’s alarm or apprehensiveness is, in all the circumstances, reasonable.

(4)The apprehensiveness mentioned in subsection (3)(b)(ii) may be as to (any or all)—

(a)the individual’s own safety,

(b)the safety of some other person, or

(c)the safety of an animal other than the dog in question.

(5)In this Act, references to the “proper person”, in relation to any dog, are to—

(a)its owner (or, if its owner has not attained the age of 16 years, a person who has parental responsibilities in relation to its owner), or

(b)if either—

(i)it is not apparent, after reasonable inquiry, to the authorised officer who the dog’s owner (or the person having parental responsibilities in relation to its owner) is, or

(ii)it appears to the authorised officer that the circumstances are such that it would not be reasonable to serve a dog control notice on the dog’s owner (or on the person having such parental responsibilities),

any person who has attained the age of 16 years and who appears to the authorised officer to have day-to-day charge of the dog.

(6)In this Act references to an “authorised officer” are to an officer appointed for the purposes of this Act by a local authority; and each local authority must appoint at least one such officer.

(7)In appointing any person to be such an officer a local authority are to satisfy themselves that the person is skilled in the control of dogs and has the capacity to instruct and advise others in matters relating to the control of dogs.

(8)A dog control notice is not to relate to more than one dog.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Show Explanatory Notes for Sections: Displays relevant parts of the explanatory notes interweaved within the legislation content.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

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
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. 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
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources