- Draft legislation
This is a draft item of legislation. This draft has since been made as a Scottish Statutory Instrument: The Dog Fouling (Fixed Penalty) (Scotland) Order 2016 No. 54
Draft Order laid before the Scottish Parliament under section 15(3)(b) of the Dog Fouling (Scotland) Act 2003, for approval by resolution of the Scottish Parliament.
Draft Scottish Statutory Instruments
Environmental Protection
Dogs
Made
2016
Coming into force
1st April 2016
The Scottish Ministers make the following Order in exercise of the powers conferred on them by sections 9(2) and 15(2)(b) of the Dog Fouling (Scotland) Act 2003(1) and all other powers enabling them to do so.
In accordance with section 15(3)(b) of that Act(2) a draft of this instrument has been laid before and approved by resolution of the Scottish Parliament.
1. This Order may be cited as the Dog Fouling (Fixed Penalty) (Scotland) Order 2016 and comes into force on 1st April 2016.
2. For the purposes of section 9 of the Dog Fouling (Scotland) Act 2003 (amount of fixed penalty), the percentage prescribed for the fixed penalty is 40 per cent of level 1 on the standard scale.
3. Article 2 applies to fixed penalty notices issued under section 5 of the Dog Fouling (Scotland) Act 2003 on or after 1st April 2016.
Name
A member of the Scottish Government
St Andrew’s House,
Edinburgh
Date
(This note is not part of the Order)
This Order prescribes the amount of the fixed penalty which is payable if a fixed penalty notice has been issued under section 5 of the Dog Fouling (Scotland) Act 2003. The current amount is set in section 9(2) of the 2003 Act and is equivalent to 20 per cent of level 1 on the Standard Scale. This amount is currently £40. This Order prescribes a new amount which is 40 per cent of level 1 on the standard scale. At the time of making this Order this amount is £80.
The new amount will only apply to fixed penalties issued on or after 1st April 2016.
Section 15(3)(b) has been modified by paragraph 5 of Schedule 3 to the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10).
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Draft Policy Note sets out a brief statement of the purpose of a Draft Scottish Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Draft Scottish Statutory Instrument accessible to readers who are not legally qualified and accompany any Scottish Statutory Instrument or Draft Scottish Statutory Instrument laid before the Scottish Parliament from July 2012 onwards. Prior to this date these type of notes existed as 'Executive Notes' and accompanied Draft Scottish Statutory Instruments from July 2005 until July 2012.
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