The Scottish Government

This item was published during the term of a previous administration that ended in April 2007

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Dog Fouling law takes effect

21/10/2003

Failing to clean up after your dog will be against the law and could result in a fixed fine under the Dog Fouling (Scotland) Act which comes into force tomorrow.

The Act will:

• change the nature of the offence from one of allowing a dog to foul to one of failing to clean up after a dog
• apply to all public land
• allow the police and local authorities to enforce the new provisions by way of fixed penalty notices instead of going through the courts
• remove the need for corroborating evidence which currently makes it difficult to secure a conviction

It was first introduced to parliament as a Members' Bill by former MSP Keith Harding. The Executive supported the Bill from the outset and worked with him to amend his Bill to make it fully workable.

Finance and Public Services Minister Andy Kerr met with an environmental warden from Edinburgh City Council today to discuss the improvements which will result from the Act.

He said:

"The enforcement of the Dog Fouling Act makes our message to irresponsible dog owners clear - it is unacceptable to let your dog foul in a public place and not clean up after it.

"Communities across Scotland have the right to enjoy their local environment free from the nuisance and health risks often caused by dog fouling. That is why we have supported this Act from the outset to ensure that local authorities and the police have the power to spare local communities from the nuisance that can result from dog fouling.

"I have already spoken to front line staff who will be responsible for implementing this legislation and I was encouraged to hear that they feel the Act will make a real difference and make the enforcement of fines much easier.

"While enforcement will undoubtedly play a vital part in this Act, it is also essential that we educate and encourage dog owners to act more responsibly that is why we are currently undertaking a publicity campaign to ensure the public is aware of the new laws.

"Tackling dog fouling is an integral part of our wider initiative to improve the quality of life for the people of Scotland by making our communities safe, secure and clean. We believe that the combination of better legislation and our publicity campaign will make real change for the better in communities across Scotland."

The Act also reflects what the Executive is doing on a wider scale to make a real difference in Scotland's local communities through its Quality of Life initiative.

The Executive gave £95 million to local authorities in 2002 to fund local priorities some which related to litter, graffiti and dog fouling. A further £180 million from the Budget has been set aside for the next three years, with similar flexibility built in, to help drive this initiative forward.

The Act replaces the existing dog fouling provisions contained at section 48 of the Civic Government (Scotland) Act 1982 which makes it an offence for a person to allow a dog to foul on certain public places such as footpaths and pavements.

Any person committing such an offence is liable, on summary of conviction, to a fine of up to #500. The new offence will make it an offence not to clear up in all public places and will allow the police and local authorities the option of issuing fixed penalty notices - £40 increasing to £60 if not paid within 28 days from the day after the offence was committed.

Anyone wishing to contest a fixed penalty notice can request a hearing in which case the local authority will pass the papers to the Procurator Fiscal for consideration.

The first stage of the campaign will comprise the placing of advertisements in regional and national press and around 100 local newspapers which will alert people to the change in legislation.

The advertising activity will be supported by other marketing activity to generate further media coverage and public awareness.

Campaign messages will also be broadcast by Scottish Radio Holdings' stations on all of their AM and FM stations across Scotland, starting on the day of the launch and running for five days.