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Dog Fouling (Scotland) Act 2003

Section 6: Form of fixed penalty notices

31.Section 6(1) lists the information that a fixed penalty notice must contain. No style of notice is prescribed by the Act.

32.While the Act does not prescribe a style of notice, subsection (2) confers power on the Scottish Ministers to prescribe the form of fixed penalty notices thereby ensuring that the same form of notice is used throughout Scotland. Subsection (3) provides that an order made under subsection (2) can amend, remove or add to the list of information that is required to be included in a fixed penalty notice. Any order prescribing the form of fixed penalty notices cannot be made unless the Parliament has approved a draft of the order by resolution (affirmative resolution procedure – see section 15(3)(b)).

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Text created by the Scottish Government 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.


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