Date lodged: 21 December 2017
To ask the Scottish Government what its interpretation is of the definition of an "out of control dog", as described in the Dangerous Dogs (Scotland) Act 2010.
Answered by: Annabelle Ewing 16 January 2018
The Scottish Government does not offer an interpretation of the law. Interpretation of the law is a matter for our independent courts.
There is no legislation called the Dangerous Dogs (Scotland) Act 2010. There is however the Dangerous Dogs Act 1991 which includes a definition of a dog being 'dangerously out of control' rather than a dog being 'out of control'. This definition of 'dangerously out of control' is contained in section 10(3) of the 1991 Act and is as follows:
'... For the purposes of this Act a dog shall be regarded as dangerously out of control on any occasion on which there are grounds for reasonable apprehension that it will injure any person or assistance dog, whether or not it actually does so, but references to a dog injuring a person or assistance dog or there being grounds for reasonable apprehension that it will do so do not include references to any case in which the dog is being used for a lawful purpose by a constable or a person in the service of the Crown.'