The Scottish Dog Control Database Order 2021

Duty to ensure inclusion of information in database

4.—(1) A local authority is to ensure that, where a dog control notice is or has been served by it, the following information relating to that notice is entered in the database as soon as reasonably practicable—

(a) the reference number of the dog control notice,

(b) the name and contact details of the authorised officer responsible for the notice, and the name of the local authority,

(c) the date on which the notice was served,

(d) the means by which the notice was served on the proper person,

(e) the name and contact details of any person who witnessed the service of the notice,

(f) the name of the proper person,

(g) that person’s date of birth,

(h) that person’s address, including the postcode and local authority area,

(i) the name of the dog to which the notice relates,

(j) a description of the dog, including its sex and breed,

(k) the code number of any electronic transponder implanted in the dog,

(l) the name and address (including the postcode and local authority area) of the person who for the time being has day-to-day charge of the dog, if not the proper person,

(m) the reasons why the dog was considered to be out of control at the time the notice was served,

(n) any steps required by the notice to be taken by the proper person for the purposes of bringing and keeping the dog under control, and

(o) the reference number of any other dog control notice appearing on the database and served on the same proper person.

(2) Paragraph (1) applies to a dog control notice served before the coming into force of this Order, unless the notice was discharged—

(a) under section 3 of the Act before this Order comes into force, or

(b) under section 5, 6 or 7 of the Act more than two years before this Order comes into force.

(3) A local authority is to ensure that, where a dog control notice has been served by it—

(a) any change to the information entered in the database under paragraph (1) in relation to that notice, or any new information of a type listed in that paragraph relating to that notice, is entered in the database as soon as reasonably practicable,

(b) the following information is entered in the database as soon as reasonably practicable—

(i) if the notice or a term of the notice is suspended under section 3 of the Act, the fact that this has occurred, the nature of any term suspended and the date on which the suspension began,

(ii) if the notice has been varied, or a term of the notice has been varied or discharged under section 3, 6 or 7 of the Act, the fact that this has occurred, together with the date and the nature of the variation or a description of the term discharged,

(iii) if the notice has been discharged under section 5, 6 or 7 of the Act, the fact that this has occurred and the date of discharge.

(4) A local authority is not required by paragraphs (1) to (3) to ensure that the database includes any information—

(a) of which it is not yet aware, or

(b) which none of its employees are yet permitted by the database operator to enter in the database,

and the local authority is to ensure that any such information is entered in the database as soon as reasonably practicable after it becomes aware of the information, or after any of its employees are so permitted, as the case may be, unless by that time the information would fall to be removed from the database under article 5.