Explanatory Notes

Dog Fouling (Scotland) Act 2003

2003 asp 12

22 April 2003

Summary of and Background to the Act

3.Section 48 of the Civic Government (Scotland) Act 1982 (c.45) makes it an offence for a person to allow a dog to foul on certain specified land, including footpaths, pedestrian precincts and children’s play areas maintained by a local authority. The offence is committed irrespective of whether the excrement is immediately removed by the person in charge of the dog. Currently only the police are able to take action against offenders. In addition, there are no provisions to allow the offence to be dealt with by means of a fixed penalty notice.

4.The Act has two principal aims. The first of these is to amend the offence of dog fouling so that the offence consists of failing to clear up after a dog rather than of allowing a dog to foul. The second principal aim is to establish new enforcement provisions in connection with the offence by enabling local authorities and police constables to issue fixed penalty notices to persons suspected of committing the offence.

5.Specifically the Act: