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The Dog Fouling (Fixed Penalty) (Scotland) Order 2016

Draft. This instrument was laid in draft and may differ from the one made. Look for the made version under its title.

Draft 2016, ISBN 9780111030349

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Draft Order laid before the Scottish Parliament under section 15(3)(b) of the Dog Fouling (Scotland) Act 2003, for approval by resolution of the Scottish Parliament.

Environmental Protection

Dogs

Made 2016

Coming into force 1st April 2016

The Scottish Ministers make the following Order in exercise of the powers conferred on them by sections 9(2) and 15(2)(b) of the Dog Fouling (Scotland) Act 2003f1 and all other powers enabling them to do so.

In accordance with section 15(3)(b) of that Actf2 a draft of this instrument has been laid before and approved by resolution of the Scottish Parliament.

Annotations to the whole text

Footnotes

f1

2003 asp 12.

f2

Section 15(3)(b) has been modified by paragraph 5 of Schedule 3 to the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10).

Contents

  1. 1Citation and commencement
  2. 2Amount of fixed penalty for dog fouling
  3. 3Application
  4. Signature
  5. Explanatory note

1Citation and commencement

This Order may be cited as the Dog Fouling (Fixed Penalty) (Scotland) Order 2016 and comes into force on 1st April 2016.

2Amount of fixed penalty for dog fouling

For the purposes of section 9 of the Dog Fouling (Scotland) Act 2003 (amount of fixed penalty), the percentage prescribed for the fixed penalty is 40 per cent of level 1 on the standard scale.

3Application

Article 2 applies to fixed penalty notices issued under section 5 of the Dog Fouling (Scotland) Act 2003 on or after 1st April 2016.

Signature

Name

A member of the Scottish Government

St Andrew’s House,

Edinburgh

Date

Explanatory note

(This note is not part of the Order)

This Order prescribes the amount of the fixed penalty which is payable if a fixed penalty notice has been issued under section 5 of the Dog Fouling (Scotland) Act 2003. The current amount is set in section 9(2) of the 2003 Act and is equivalent to 20 per cent of level 1 on the Standard Scale. This amount is currently £40. This Order prescribes a new amount which is 40 per cent of level 1 on the standard scale. At the time of making this Order this amount is £80.

The new amount will only apply to fixed penalties issued on or after 1st April 2016.