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Control of Dogs (Scotland) Act 2010

11.Subsection (3) makes provision as to when a dog is out of control. This requires both that the proper person is not keeping the dog under control effectively and consistently, and that the behaviour of the dog gives rise to alarm or apprehensiveness on the part of any person. The two parts of the test require to be met. The alarm and apprehensiveness must also be reasonable in all circumstances. This means that the behaviour of the dog and any resulting alarm or apprehensiveness will be viewed from an objective standpoint.

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