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Dog Fouling (Scotland) Act 2003

Section 8: Request for a hearing

34.This section provides that a person who has been issued with a fixed penalty notice may request a hearing in respect of the offence. Any such request must be in writing and must be posted in sufficient time to arrive with the local authority within the 28-day period mentioned above. When sent by post, service is effected at the time when the notice would arrive in the normal course of post. Accordingly, if a notice arrives with the local authority outwith the period for paying it may be valid depending on when it was posted.

35.Subsection (4) provides that when a hearing is requested within the required timescale the fixed penalty is no longer payable. A person authorised for the purpose of notification must provide the procurator fiscal with details of the request for a hearing unless the fixed penalty notice has been withdrawn under section 13. The procurator fiscal will treat the request in a similar manner to a complaint from the police and decide whether to initiate district court or sheriff court proceedings. In the event of a conviction following such proceedings the offender would be liable a fine of up to £500 (see section 1(2)).

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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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