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3Exceptions to offenceS

(1)Section 1 shall not apply to—

(a)a blind person in charge of a dog being used for that person’s guidance;

(b)a person in charge of a working dog being used for the driving or tending of sheep or cattle;

(c)a person in charge of any dog being used on official duties by a member of Her Majesty’s Armed [F1Forces or], Her Majesty’s Customs and Excise or [F2by a constable of the Police Service of Scotland];

(d)a person in charge of a dog being used in emergency rescue work; or

(e)a disabled person with a physical impairment which affects the person’s mobility, manual dexterity, physical co-ordination or ability to lift, carry or otherwise move everyday objects, who is in charge of a dog trained to assist the person with any such impairment.

(2)The Scottish Ministers may by order amend, remove or add to the exceptions listed in subsection (1).

Textual Amendments

F1Words in s. 3(1)(c) substituted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), Sch. 7 para. 22(a); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)

F2Words in s. 3(1)(c) substituted (1.4.2013) by virtue of Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), Sch. 7 para. 22(b); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)