Written Question · S6W-10824 · Session 6
What powers it has to ensure that owners of aggressive dogs maintain control of their pets in public places.
The question
To ask the Scottish Government what powers it has to ensure that owners of aggressive dogs maintain control of their pets in public places.
The answer
The power to deal with the owners of aggressive dogs rests with local authorities and Police Scotland. The two main pieces of legislation in relation to dog control are the Dangerous Dogs Act 1991 (“the 1991 Act”) and the Control of Dogs (Scotland) Act 2010 (“the 2010 Act”).
The 1991 Act makes it a criminal offence for anyone in charge of a dog to allow it to be ‘dangerously out of control’. A dog is regarded as being dangerously out of control if there are grounds for reasonable apprehension that it will injure a person or assistance dog, whether or not it actually does so. For any given incident it is for Police Scotland to determine whether a crime has been committed.
The 1991 Act also gives power to any constable or authorised local authority officer (i.e. dog warden) to seize any dog they believe to be prohibited and/or a dog which appears to them to be dangerously out of control when it is in a public place.
The 2010 Act provides for a civil regime in respect of dog owners who allow their dogs to be ‘out of control’. The 2010 Act introduced the Dog Control Notice (DCN) regime. Local authority dog wardens are able to issue a DCN on dog owners. The DCN is a civil notice which can contain a number of conditions, such as requiring a dog to be kept on a lead when in public, muzzling the dog when in public, and undertaking training to modify/control the dog’s behaviour. A breach of a DCN is a criminal offence.
Scottish Government Guidance on the 2010 Act, published in December 2020, is available at: https://www.gov.scot/publications/updated-guidance-control-dogs-scotland-act-2010/
Local authorities can also consider byelaw making powers to address a specific problem. For example, if there is an area where dogs are often a nuisance, the matter can be raised for consideration by the council who have powers to make appropriate bye-laws, i.e. to keep dogs on leads in particular areas.
The 1991 Act makes it a criminal offence for anyone in charge of a dog to allow it to be ‘dangerously out of control’. A dog is regarded as being dangerously out of control if there are grounds for reasonable apprehension that it will injure a person or assistance dog, whether or not it actually does so. For any given incident it is for Police Scotland to determine whether a crime has been committed.
The 1991 Act also gives power to any constable or authorised local authority officer (i.e. dog warden) to seize any dog they believe to be prohibited and/or a dog which appears to them to be dangerously out of control when it is in a public place.
The 2010 Act provides for a civil regime in respect of dog owners who allow their dogs to be ‘out of control’. The 2010 Act introduced the Dog Control Notice (DCN) regime. Local authority dog wardens are able to issue a DCN on dog owners. The DCN is a civil notice which can contain a number of conditions, such as requiring a dog to be kept on a lead when in public, muzzling the dog when in public, and undertaking training to modify/control the dog’s behaviour. A breach of a DCN is a criminal offence.
Scottish Government Guidance on the 2010 Act, published in December 2020, is available at: https://www.gov.scot/publications/updated-guidance-control-dogs-scotland-act-2010/
Local authorities can also consider byelaw making powers to address a specific problem. For example, if there is an area where dogs are often a nuisance, the matter can be raised for consideration by the council who have powers to make appropriate bye-laws, i.e. to keep dogs on leads in particular areas.
In the Official Report
No contribution in the Official Report cites S6W-10824 by reference.