Question reference: S6W-25803
- Date lodged: 29 February 2024
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Current status: Answered by Siobhian Brown on 11 March 2024
Question
To ask the Scottish Government, in light of Part H of its publication, Control of Dogs (Scotland) Act 2010: guidance - updated, published on 23 December 2020, in particular the paragraph titled "Local Authority bye-laws", what its position is on the possible introduction by local authorities of bye-laws to ban XL Bully-type dogs from public places, such as parks and open spaces, including when the dog is muzzled, on a lead and has not been allowed to stray, and whether it plans to publish guidance for local authorities on the introduction of any such bye-laws.
Answer
Under powers contained in the Local Government (Scotland) Act 1973, it is for local authorities to consider byelaws as provided for in section 201 of that Act. The Act provides that local authorities ‘… may make byelaws for the good rule and government of the whole or any part of the their area, and for the prevention and suppression of nuisances therein.’ It is entirely a matter for local authorities to consider whether to make byelaws with confirmation of any byelaws a matter for Scottish Ministers.
The Scottish Government is happy to engage with any local authority who wished to consider making any byelaws under the section 201 powers including where such byelaws may relate to XL Bully dogs in public places.