Dog Control Notice (DCN) summary of requirements: EIR release

Information requested

That a summary of the requirements set by a Dog Control Notice, that might have been applied [to the owner of a dog], be made available to me.

Response

As the information you have requested is ‘environmental information’ for the purposes of the Environmental Information (Scotland) Regulations 2004 (EIRs), we are required to deal with your request under those Regulations. We are applying the exemption at section 39(2) of the Freedom of Information (Scotland) Act 2002 (FOISA), so that we do not also have to deal with your request under FOISA.

This exemption is subject to the ‘public interest test’. Therefore, taking account of all the circumstances of this case, we have considered if the public interest in disclosing the information outweighs the public interest in applying the exemption. We have found that, on balance, the public interest lies in favour of upholding the exemption, because there is no public interest in dealing with the same request under two different regimes. This is essentially a technical point and has no material effect on the outcome of your request.

The answer to your question is, ‘The Control of Dogs (Scotland) Act 2010 (Prescribed Form of Notice) Order 2011’ provides the prescribed form of a Dog Control Notice (DCN). This legislation can be viewed at: https://www.legislation.gov.uk/ssi/2011/39/schedule/made

In addition, please see the Scottish Government Guidance on the Control of Dogs (Scotland) Act 2010, published in December 2020. The best practice guidance can be viewed on the Scottish Government website at: https://www.gov.scot/publications/updated-guidance-control-dogs-scotland-act-2010/

While the above mentioned Order provides the prescribed form of a DCN, local authority authorised officers (i.e. dog wardens) can also impose other specific control measures that must be taken on by the ‘proper person’/ owner of the dog. This is at the discretion of the local authority authorised officer.

The Guidance contains examples of possible further control measures that local authority authorised officers can apply to a DCN.

The Scottish Government does not hold information in relation to individual DCNs issued by local authority authorised officers.

About FOI

The Scottish Government is committed to publishing all information released in response to Freedom of Information requests. View all FOI responses at https://www.gov.scot/foi-responses.