Question reference: S6W-15925
- Asked by: Meghan Gallacher, MSP for Central Scotland, Scottish Conservative and Unionist Party
- Date lodged: 13 March 2023
-
Current status: Answered by Elena Whitham on 23 March 2023
Question
To ask the Scottish Government what work has been undertaken to ensure the implementation of Dog Control Notices throughout all local authorities in Scotland.
Answer
The Control of Dogs (Scotland) Act 2010 (“the 2010 Act”) introduced the Dog Control Notice (DCN) regime. This regime is operated by independent local authorities under the terms of the 2010 Act.
Local authorities are required to appoint at least one officer for the purposes of the 2010 Act. Local authority ‘authorised officers’ i.e. dog wardens, will be permitted to serve a written DCN on dog owners (if the owner is not yet 16 years of age, a person who has parental responsibilities would be served) who do not keep their dogs under proper control.
It is for local authorities to determine the best approach for enforcement for their areas.
Action taken by the Scottish Government to facilitate the use of the 2010 Act powers includes updated Scottish Government guidance for local authorities in relation to the exercise of their functions and the functions of authorised officers under the 2010 Act (published in 2020): https://www.gov.scot/publications/updated-guidance-control-dogs-scotland-act-2010/
The Scottish Government also led discussions between Police Scotland and local authorities to update the non-statutory Joint Protocol agreement between these enforcement agencies. The intention of the Joint Protocol is to aid local authorities and the police with the decision making process when considering how best to deal with complaints relating to irresponsible dog ownership. The updated Joint Protocol was published September 2021: https://www.safercommunitiesscotland.org/wp-content/uploads/Joint-Protocol-REVISED-10.09.2021-Control-of-Dogs-pdf.pdf
The Scottish Government has also established a national DCN database. The database went live in early February 2022. The national database brings together the DCN records of all local authorities into a centralised database accessible by all local authorities and Police Scotland. Where a person subject to a DCN moves from one local authority to another, the national database will be a valuable tool in helping to enforce that notice.
The Scottish Government has also recently funded the development and delivery of dog warden training, successfully delivered by Royal Environmental Health Institute for Scotland (REHIS).