- Latest available (Revised)
- Original (As enacted)
There are currently no known outstanding effects for the Control of Dogs (Scotland) Act 2010, Cross Heading: Dangerous or unresponsive dogs.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
(1)This section applies where it appears to an authorised officer that, in relation to a dog which is out of control and dangerous, serving a dog control notice (or a further dog control notice) would be inappropriate.
(2)The local authority may by summary application apply to the sheriff for an order—
(a)appointing a person to undertake the dog's destruction, and
(b)requiring that it be delivered up for that purpose.
(3)If the sheriff declines to make an order under subsection (2), the case may, if the sheriff thinks fit, be remitted to the local authority for a dog control notice (or a further dog control notice) to be served.
(4)In so remitting the case, the sheriff is to direct that the dog control notice include (in place of any that might be specified by virtue of section 2(4)) such steps, to be taken by P, as are set out in the direction.
(5)Where an order is made under subsection (2) the sheriff may (under this subsection) make a further order disqualifying the dog's owner from owning or keeping a dog during such period as the sheriff thinks fit.
(6)The decision of the sheriff principal on any appeal against—
(a)an order under subsection (2) or (5),
(b)a remittal under subsection (3),
(c)a direction under subsection (4), or
(d)a declinature to make such an order or remittal,
is final.
(7)On an appeal under subsection (6), the sheriff principal may—
(a)uphold or discharge an order, remittal or direction appealed against,
(b)uphold a declinature appealed against or reject that declinature and remit the case to the sheriff for an order to be made under subsection (2),
(c)in the case of an appeal under paragraph (a) of subsection (6), decline to discharge the order but discharge or vary a term of the order, or
(d)in the case of an appeal under paragraph (c) of that subsection, decline to discharge the direction appealed against but discharge or vary a step set out in the direction.
(8)Without prejudice to the generality of subsection (7), variation of a term or step may include (either or both)—
(a)specifying a step to be taken by P additional to any specified by virtue of subsection (4),
(b)substituting a date for that by which a step is to be taken.
In section 3(1) of the Dangerous Dogs Act 1991 (c.65) (keeping dogs under proper control), for the words “a public place” there is substituted “ any place (whether or not a public place) ”.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
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.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: