Dog Fouling (Scotland) Act 2003

JurisdictionScotland
Citation2003 asp 12
the person has a reasonable excuse for failing to do so; orthe owner, occupier and other person or authority having control of the place has consented (generally or specifically) to the person failing to do so.(2) A person who is guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding level 2 on the standard scale.a person who habitually has possession of a dog shall be taken to be in charge of the dog at any time unless at that time some other person is in charge of the dog;placing the faeces in a receptacle which is provided for the purpose, or for the disposal of waste, shall be sufficient removal from the place;throwing, depositing, dropping or otherwise putting the faeces onto any other place to which this Act applies shall not be sufficient removal from the place; andbeing unaware of the defecation (whether by reason of not being in the vicinity or otherwise) , or not having a device for or other suitable means of removing the faeces, shall not be a reasonable excuse for failing to remove the faeces.(4) In any proceedings for an offence under this section it shall be lawful to convict the accused on the evidence of one witness.(1) Subject to subsections (2) to (4) , this Act applies to any public open place.(2) This Act does not apply to agricultural land.(3) In this Act—
  • agricultural land” has the same meaning as in section 86(1) of the Agriculture (Scotland) Act 1948 (c. 45) except that it does not include land not in agricultural use and designated by the Scottish Ministers in pursuance of that section; and
  • public open place” means—
    • (a) any place which is open to the air to which the public or any section of the public has access, on payment or otherwise, as of right or by virtue of express or implied permission; and
    • (b) any common passage, close, court, stair, back green, garden, yard or other similar common area.
(4) For the purposes of this section any covered place open to the air on at least one side shall be treated as a place which is “open to the air”.a blind person in charge of a dog being used for that person’s guidance;a person in charge of a working dog being used for the driving or tending of sheep or cattle;a person in charge of any dog being used on official duties by a member of Her Majesty’s Armed F3Forces or, Her Majesty’s Customs and Excise or F4by a constable of the Police Service of Scotland;a person in charge of a dog being used in emergency rescue work; ora 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) .
  • Every local authority shall authorise in writing at least one person and such other number of persons as they consider necessary or expedient to issue fixed penalty notices in their area in accordance with this Act.
  • an authorised officer of a local authority finds a person whom the officer has reasonable grounds for suspecting of having committed an offence under section 1 in the area of that authority; ora constable finds a person whom the constable has reasonable grounds for suspecting of having committed an offence under section 1,(2) In the circumstances set out in subsection (1) (a) , the authorised officer may require the person suspected of having committed the offence to give that person’s name and address.that the officer has reasonable grounds for suspecting that the person has committed an offence under section 1; andthat failure to comply with the requirement may be an offence.(4) A person who has been required under this section to give that person’s name and address and, without reasonable excuse, fails to do so shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding level 2 on the standard scale.(5) A fixed penalty notice shall be issued as soon as reasonably practicable and, in any case, not later than 7 days after the commission of the offence to which the notice relates.(6) Where a constable has issued a fixed penalty notice, the constable shall send a copy of the fixed penalty notice to the local authority in whose area the offence was committed no later than 24 hours after the notice was issued.(7) A fixed penalty notice may be issued to a person under this section by handing or delivering it to that person.leaving it at that person’s last known address; orsending it by post to that person at that address.(9) Where an authorised officer or, as the case may be, constable has issued a fixed penalty notice in accordance with subsection (7) , the officer or constable shall send a copy of the notice by post to that person at that person’s last known address as soon as reasonably practicable and, in any case, not later than 7 days after the notice has been issued.(10) For the purposes of subsections (8) (b) and (9) , the sending of a notice by post is deemed to have been effected when the notice is posted.give such particulars of the circumstances alleged to constitute the offence as are necessary for giving reasonable information about the alleged offence;state the amount of the fixed penalty;state the name of the local authority and the address at which the fixed penalty may be paid;state the method by which payment of the fixed penalty may be made;inform the person of the right to request a hearing before the expiry of the period for paying and how that right may be exercised;inform the person that no proceedings will be brought for the offence unless a notice requesting a hearing is given before the expiry of the period for paying; andinform the person of the consequences of not paying the fixed penalty before the expiry of the period for paying.(2) The Scottish Ministers may by order prescribe the form of fixed penalty notices.(3) An order under subsection (2) may amend, remove or add to the list of information which must be included in a fixed penalty notice under subsection (1) .

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