Control of Dogs (Scotland) Act 2010
| Jurisdiction | Scotland |
it comes to the attention of an authorised officer that a dog has, on at least one occasion after this section has come into force, been out of control, the officer may serve on the proper person a written notice (to be known as a “dog control notice”) requiring the person to bring and keep the dog under control,a court makes a requirement under section 5(4) or a case is remitted under section 9(3) , an authorised officer is to serve such a notice (or as the case may be a further such notice) on the proper person.(2) It is immaterial, for the purposes of subsection (1) (a) , that on the occasion in question (or as the case may be on either, any or all of those occasions) some person other than the proper person was in charge of the dog.it is not being kept under control effectively and consistently (by whatever means) by the proper person,alarm, orapprehensiveness,the individual's alarm or apprehensiveness is, in all the circumstances, reasonable.the individual's own safety,the safety of some other person, orthe safety of an animal other than the dog in question.its owner (or, if its owner has not attained the age of 16 years, a person who has parental responsibilities in relation to its owner) , orit is not apparent, after reasonable inquiry, to the authorised officer who the dog's owner (or the person having parental responsibilities in relation to its owner) is, orit appears to the authorised officer that the circumstances are such that it would not be reasonable to serve a dog control notice on the dog's owner (or on the person having such parental responsibilities) ,(6) In this Act references to an “authorised officer” are to an officer appointed for the purposes of this Act by a local authority; and each local authority must appoint at least one such officer.(7) In appointing any person to be such an officer a local authority are to satisfy themselves that the person is skilled in the control of dogs and has the capacity to instruct and advise others in matters relating to the control of dogs.(8) A dog control notice is not to relate to more than one dog.comply with the terms of the notice to the satisfaction of the local authority which has the duty of monitoring its effectiveness and enforcing it, andon changing name or address, notify the authority of the change in question,an electronic transponder be duly implanted in the dog as a means of identifying the animal and P, orP satisfy the local authority (by providing such information to them as they may require) that such a transponder was duly implanted in the dog before the notice was served and already constitutes a means of identifying the animal and P,that, on an electronic transponder being implanted by virtue of paragraph (b) (i) , P inform the local authority that it has been implanted and by whom, andthat P or an entrusted person be present and in charge of the dog whenever it is in a place to which the public have access.(2) In paragraph (b) of subsection (1) , the references to an electronic transponder being duly implanted are to its being implanted by a person who in the opinion of the local authority is appropriately qualified to carry out such an implant.has attained the age of 16 years,has for the time being been entrusted by P with charge of the dog,has been made familiar by P with the requirements of the dog control notice, andis willing and able to comply with those requirements.must be taken if the dog is to be brought and kept under control, orwould be conducive to its being brought and kept under control;(5) Subsection (4) is subject to sections 5(6) and 9(4) .muzzling the dog whenever it is in a place to which the public have access,keeping the dog on a lead whenever it is in such a place,if the dog is male, neutering it,keeping the dog away from a place, or category of places, specified in the notice, andP, with the dog, attending and completing a course of training in the control of dogs (being a course which may, but need not, be specified in the notice) .amend any paragraph of subsection (1) or (6) ,amend subsection (1) by adding a further requirement, oramend subsection (6) by adding a further example of a step which might be specified in a dog control notice.reference to “any paragraph of subsection (1) or (6) ” includes reference to any paragraph added by virtue of paragraph (b) or (c) of subsection (7) , andthe power to amend includes, but only in the case of a paragraph so added, the power to omit.the date on which it is served and a statement that the notice comes into effect on that date,the name and address of P,a description of, and information regarding, the dog,the reason for the authorised officer concluding that the dog has been out of control (including a description of the circumstances on the basis of which the officer has come to that conclusion) , andsection 3 of this Act provides for an appeal against a dog control notice or against a term of such a notice,section 7 of this Act provides for the discharge or variation of a dog control notice,section 9 of this Act provides for any dog which continues to be out of control, andit is an offence under section 5 of this Act to fail to comply with a dog control notice.(10) A dog control notice may include such other matter as the local authority think fit provided the inclusion is consistent with any order under subsection (11) .(11) The
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