Control of Dogs (Scotland) Act 2010: guidance - updated
Guidance is provided in accordance with the duty upon the Scottish Ministers under section 12(1) of the Control of Dogs (Scotland) Act 2010 to issue guidance to local authorities in relation to the exercise of their functions and the functions of authorised officers under the 2010 Act.
Part F – Control of Dogs (Scotland) Act 2010 Prescribed form for a Dog Control Notice
Section 2(11) of the 2010 Act permits the Scottish Ministers, by order, to prescribe a form for a Dog Control Notice.
The Control of Dogs (Scotland) Act 2010 (Prescribed Form of Notice) Order 2011 sets out the appeal mechanism under section 3(1) of the 2010 Act:
Prescribed Form for Dog Control Notice 'Right to appeal'
The prescribed form for a dog control notice states that "to lodge an appeal, you should contact your local sheriff court to ask for a summary application form". However, there is no prescribed summary application form to appeal against a dog control notice. To appeal against a dog control notice or against a term of such a notice, summary application procedures will apply. The appeal is made by initial writ and must be lodged within 21 days after the date of service of the dog control notice.
The Prescribed Form of Notice Order 2011 permits local authorities to include in the dog control notice such other matters as the local authority thinks fit, provided it is consistent with the Order made by the Scottish Ministers. The Order also states in Article 2 that the notice shall be in form prescribed in the Order "or a form substantially to the same effect". To ensure that the person who wishes to exercise their to right to appeal is clear about which form needs to be completed in order to appeal, we recommend that under the 'Right to Appeal this notice' section of the Prescribed dog control notice form, local authorities are advised to score through the wording "you should contact your local sheriff court to ask for a summary application form. The application" and insert the following words "the initial writ" instead so that the text will read "To lodge an appeal, the initial writ must be lodged with the sheriff clerk within 21 days after the date of service".
Authorised officers are also recommended to advise people who wish to appeal or enquire about appealing dog control notices, that the Scottish Courts Service cannot provide advice to individuals regarding the completion of the initial writ form and that they may wish to seek legal advice through a solicitor or seek advice from the Citizens Advice Bureau to receive some assistance in completing the initial writ form. The initial writ (Form 1) can be downloaded from the Scottish Courts Service website (attached link refers).
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