House of Commons portcullis
House of Commons
Session 2004 - 05
Internet Publications
Other Bills before Parliament

Clean Neighbourhoods and Environment Bill


Clean Neighbourhoods and Environment Bill
Part 6 — Dogs
Chapter 1 — Controls on dogs

51

 

standard scale in relation to any offence.

(3)   

The appropriate person must by regulations prescribe such other requirements

relating to the content and form of a dog control order as the appropriate

person thinks fit.

(4)   

The appropriate person must by regulations prescribe the procedure to be

5

followed by a primary or secondary authority before and after making a dog

control order.

(5)   

Regulations under subsection (4) must in particular include provision as to—

(a)   

consultation to be undertaken before a dog control order is made;

(b)   

the publicising of a dog control order after it has been made.

10

57      

Land to which Chapter 1 applies

(1)   

Subject to this section, this Chapter applies to any land which is open to the air

and to which the public are entitled or permitted to have access (with or

without payment).

(2)   

For the purposes of this section, any land which is covered is to be treated as

15

land which is “open to the air” if it is open to the air on at least one side.

(3)   

The appropriate person may by order designate land as land to which this

Chapter does not apply (generally or for such purposes as may be specified in

the order).

(4)   

Land may be designated under subsection (3) specifically or by description.

20

(5)   

Where a private Act confers powers on a person other than a primary or

secondary authority for the regulation of any land, that person may, by notice

in writing given to the primary and secondary authorities in whose area the

land is situated, exclude the application of this Chapter to that land.

58      

Primary and secondary authorities

25

(1)   

Each of the following is a “primary authority” for the purposes of this

Chapter—

(a)   

a district council in England;

(b)   

a county council in England for an area for which there is no district

council;

30

(c)   

a London borough council;

(d)   

the Common Council of the City of London;

(e)   

the Council of the Isles of Scilly;

(f)   

a county or county borough council in Wales.

(2)   

Each of the following is a “secondary authority” for the purposes of this

35

Chapter—

(a)   

a parish council in England;

(b)   

a community council in Wales.

(3)   

The appropriate person may by order designate any person or body exercising

functions under an enactment as a secondary authority for the purposes of this

40

Chapter in respect of an area specified in the order.

 
 

Clean Neighbourhoods and Environment Bill
Part 6 — Dogs
Chapter 1 — Controls on dogs

52

 

Fixed penalty notices

59      

Fixed penalty notices

(1)   

This section applies where on any occasion—

(a)   

an authorised officer of a primary or secondary authority has reason to

believe that a person has committed an offence under a dog control

5

order made by that authority; or

(b)   

an authorised officer of a secondary authority has reason to believe that

a person has in its area committed an offence under a dog control order

made by a primary authority.

(2)   

The authorised officer may give that person a notice offering him the

10

opportunity of discharging any liability to conviction for the offence by

payment of a fixed penalty.

(3)   

A fixed penalty payable under this section is payable to the primary or

secondary authority whose officer gave the notice.

(4)   

Where a person is given a notice under this section in respect of an offence—

15

(a)   

no proceedings may be instituted for that offence before the expiration

of the period of fourteen days following the date of the notice; and

(b)   

he may not be convicted of that offence if he pays the fixed penalty

before the expiration of that period.

(5)   

A notice under this section must give such particulars of the circumstances

20

alleged to constitute the offence as are necessary for giving reasonable

information of the offence.

(6)   

A notice under this section must also state—

(a)   

the period during which, by virtue of subsection (4), proceedings will

not be taken for the offence;

25

(b)   

the amount of the fixed penalty; and

(c)   

the person to whom and the address at which the fixed penalty may be

paid.

(7)   

Without prejudice to payment by any other method, payment of the fixed

penalty may be made by pre-paying and posting a letter containing the amount

30

of the penalty (in cash or otherwise) to the person mentioned in subsection

(6)(c) at the address so mentioned.

(8)   

Where a letter is sent in accordance with subsection (7) payment is to be

regarded as having been made at the time at which that letter would be

delivered in the ordinary course of post.

35

(9)   

The form of a notice under this section is to be such as the appropriate person

may by order prescribe.

(10)   

In any proceedings a certificate which—

(a)   

purports to be signed on behalf of the chief finance officer of a primary

or secondary authority, and

40

(b)   

states that payment of a fixed penalty was or was not received by a date

specified in the certificate,

   

is evidence of the facts stated.

(11)   

In this section—

 
 

Clean Neighbourhoods and Environment Bill
Part 6 — Dogs
Chapter 1 — Controls on dogs

53

 

“authorised officer”, in relation to a primary or secondary authority,

means—

(a)   

an employee of the authority who is authorised in writing by

the authority for the purpose of giving notices under this

section;

5

(b)   

any person who, in pursuance of arrangements made with the

authority, has the function of giving such notices and is

authorised in writing by the authority to perform that function;

and

(c)   

any employee of such a person who is authorised in writing by

10

the authority for the purpose of giving such notices;

“chief finance officer”, in relation to a primary or secondary authority,

means the person having responsibility for the financial affairs of the

authority.

(12)   

The appropriate person may by regulations prescribe conditions to be satisfied

15

by a person before a secondary authority may authorise him in writing for the

purpose of giving notices under this section.

60      

Amount of fixed penalties

(1)   

The amount of a fixed penalty payable to a primary or secondary authority in

pursuance of a notice under section 59 in respect of an offence under a dog

20

control order—

(a)   

is the amount specified by the authority which made the order;

(b)   

if no amount is so specified, is £75.

(2)   

A primary or secondary authority may under subsection (1)(a) specify

different amounts in relation to different offences.

25

(3)   

A primary or secondary authority may make provision for treating a fixed

penalty payable to that authority in pursuance of a notice under section 59 as

having been paid if a lesser amount is paid before the end of a period specified

by the authority.

(4)   

The appropriate person may by regulations make provision in connection with

30

the powers conferred on primary and secondary authorities under subsections

(1)(a) and (3).

(5)   

Regulations under subsection (4) may (in particular)—

(a)   

require an amount specified under subsection (1)(a) to fall within a

range prescribed in the regulations;

35

(b)   

restrict the extent to which, and the circumstances in which, a primary

or secondary authority can make provision under subsection (3).

(6)   

The appropriate person may by order substitute a different amount for the

amount for the time being specified in subsection (1)(b).

61      

Power to require name and address

40

(1)   

If an authorised officer of a primary or secondary authority proposes to give a

person a notice under section 59, the officer may require the person to give him

his name and address.

(2)   

A person commits an offence if—

 
 

Clean Neighbourhoods and Environment Bill
Part 6 — Dogs
Chapter 1 — Controls on dogs

54

 

(a)   

he fails to give his name and address when required to do so under

subsection (1), or

(b)   

he gives a false or inaccurate name or address in response to a

requirement under that subsection.

(3)   

A person guilty of an offence under subsection (2) is liable on summary

5

conviction to a fine not exceeding level 3 on the standard scale.

(4)   

In this section “authorised officer” has the same meaning as in section 59.

62      

Community support officers etc

(1)   

The Police Reform Act 2002 (c. 30) is amended as follows.

(2)   

In Schedule 4 (community support officers), in paragraph 1(2), after paragraph

10

(d) insert “and

(e)   

the power of an authorised officer of a primary or secondary

authority, within the meaning of section 59 of the Clean

Neighbourhoods and Environment Act 2005, to give a notice

under that section (fixed penalty notices in respect of offences

15

under dog control orders).”

(3)   

In Schedule 5 (accredited persons), in paragraph 1(2), after paragraph (c) insert

“and

(d)   

the power of an authorised officer of a primary or secondary

authority, within the meaning of section 59 of the Clean

20

Neighbourhoods and Environment Act 2005, to give a notice

under that section (fixed penalty notices in respect of offences

under dog control orders).”

Supplementary

63      

Overlapping powers

25

(1)   

Where a primary authority makes a dog control order providing for an offence

relating to a matter specified in any of paragraphs (a) to (d) of section 55(3) as

respects any land—

(a)   

a secondary authority may not make a dog control order providing for

any offence which relates to the matter specified in that paragraph as

30

respects that land;

(b)   

any dog control order previously made by a secondary authority

providing for any offence which relates to the matter specified in that

paragraph shall, to the extent that it so provides, cease to have effect.

(2)   

Where the area of an authority designated as a secondary authority under

35

section 58(3) is to any extent the same as that of a parish or community council,

subsection (1) applies in relation to orders made by the designated authority

and that council as if the council were a primary authority.

64      

Byelaws

(1)   

Where, apart from this subsection, a primary or secondary authority has at any

40

time power to make a byelaw in relation to any matter specified in any of

paragraphs (a) to (d) of section 55(3) as respects any land, it may not make such

 
 

Clean Neighbourhoods and Environment Bill
Part 6 — Dogs
Chapter 1 — Controls on dogs

55

 

a byelaw if at that time it has power under this Chapter to make a dog control

order as respects that land in relation to the matter specified in that paragraph.

(2)   

Subsection (1) does not affect any byelaw which the authority had power to

make at the time it was made.

(3)   

Where a dog control order is made in relation to any matter specified in any of

5

paragraphs (a) to (d) of section 55(3) as respects any land, any byelaw

previously made by a primary or secondary authority which has the effect of

making a person guilty of any offence in relation to the matter specified in that

paragraph as respects that land shall cease to have that effect.

(4)   

Where any act or omission would, apart from this subsection, constitute an

10

offence under a dog control order and any byelaw, the act or omission shall not

constitute an offence under the byelaw.

65      

Dogs (Fouling of Land) Act 1996

The Dogs (Fouling of Land) Act 1996 (c. 20) shall cease to have effect.

General

15

66      

“Appropriate person”

In this Chapter, “appropriate person” means—

(a)   

the Secretary of State, in relation to England;

(b)   

the National Assembly for Wales, in relation to Wales.

67      

Regulations and orders

20

(1)   

Any power conferred by this Chapter on the Secretary of State or National

Assembly for Wales to make regulations or an order includes—

(a)   

power to make different provision for different purposes (including

different provision for different authorities or different descriptions of

authority);

25

(b)   

power to make consequential, supplementary, incidental and

transitional provision and savings.

(2)   

Any power conferred by this Chapter on the Secretary of State or National

Assembly for Wales to make regulations or an order is exercisable by statutory

instrument.

30

(3)   

The Secretary of State may not make a statutory instrument containing

regulations under section 55(4) or 56(1) unless a draft of the instrument has

been laid before, and approved by a resolution of, each House of Parliament.

(4)   

A statutory instrument containing—

(a)   

regulations made by the Secretary of State under this Chapter to which

35

subsection (3) does not apply, or

(b)   

an order made by the Secretary of State under this Chapter,

   

is subject to annulment in pursuance of a resolution of either House of

Parliament.

 
 

Clean Neighbourhoods and Environment Bill
Part 7 — Noise
Chapter 1 — Audible intruder alarms

56

 

Chapter 2

Stray dogs

68      

Termination of police responsibility for stray dogs

(1)   

Section 3 of the Dogs Act 1906 (c. 32) (seizure of stray dogs by police) shall,

subject to subsection (2), cease to have effect.

5

(2)   

The repeal in subsection (1) does not apply for the purposes of section 2(2) and

(3) of the Dogs (Protection of Livestock) Act 1953 (c. 28).

(3)   

In section 150 of the Environmental Protection Act 1990 (c. 43) (delivery of

stray dogs to police or local authority officer), in subsection (1)—

(a)   

in paragraph (b), omit sub-paragraph (ii) and the preceding “or”;

10

(b)   

omit the words from “or the police officer” to “as the case may be,”.

(4)   

In the heading to that section, omit “police or”.

Part 7

Noise

Chapter 1

15

Audible intruder alarms

Alarm notification areas

69      

Designation of alarm notification areas

(1)   

A local authority may designate all or any part of its area as an alarm

notification area.

20

(2)   

If a local authority proposes to designate an area as an alarm notification area

it must arrange for notice of the proposal to be published in a newspaper

circulating in the area.

(3)   

The notice must state—

(a)   

that representations may be made to the authority about the proposal;

25

(b)   

that any such representations must be made before a specified date.

(4)   

The specified date must be at least 28 days after the date on which the notice is

published in accordance with subsection (2).

(5)   

The local authority must consider any representations about the proposal

which it receives before the specified date.

30

(6)   

If a local authority decides to designate an area as an alarm notification area it

must—

(a)   

arrange for notice of the decision to be published in a newspaper

circulating in the area, and

(b)   

send a copy of the notice to the address of all premises in the area.

35

(7)   

The notice must specify the date on which the designation is to have effect.

 
 

Clean Neighbourhoods and Environment Bill
Part 7 — Noise
Chapter 1 — Audible intruder alarms

57

 

(8)   

The date specified must be at least 28 days after the date on which the notice is

published in accordance with subsection (6)(a).

(9)   

If a local authority decides not to designate an area as an alarm notification area

it must arrange for notice of the decision to be published in a newspaper

circulating in the area.

5

70      

Withdrawal of designation

(1)   

A local authority which has designated an area as an alarm notification area

may withdraw the designation.

(2)   

If a local authority decides to withdraw a designation of an area as an alarm

notification area, it must—

10

(a)   

arrange for notice of the decision to be published in a newspaper

circulating in the area, and

(b)   

send a copy of the notice to the address of all premises in the area.

(3)   

The notice must specify the date on which the withdrawal of the designation is

to have effect.

15

71      

Notification of nominated key-holders

(1)   

This section and section 72 apply in relation to premises if—

(a)   

the premises are in an area designated by a local authority as an alarm

notification area, and

(b)   

an audible intruder alarm has been installed in or on the premises.

20

(2)   

The responsible person must—

(a)   

nominate a key-holder in respect of the premises in accordance with

section 72;

(b)   

notify the local authority in writing before the end of the required

period of the name, address and telephone number of the key-holder

25

nominated in respect of the premises in accordance with that section.

(3)   

The required period for the purposes of subsection (2)(b) is the period before

the end of which the key-holder is required to be nominated in accordance

with section 72.

(4)   

A person commits an offence if he fails to comply with a requirement of

30

subsection (2).

(5)   

A person guilty of an offence under subsection (4) is liable on summary

conviction to a fine not exceeding level 3 on the standard scale.

72      

Nomination of key-holders

(1)   

The responsible person must before the end of the required period nominate a

35

person as a key-holder in respect of the premises.

(2)   

The required period for the purposes of subsection (1) is—

(a)   

if the alarm was installed before the date on which the designation of

the area had effect, the period of 28 days starting with that date;

(b)   

if the alarm was installed on or after that date, the period of 28 days

40

starting with the date on which the installation was completed.

 
 

 
previous section contents continue
 
House of Commons home page Houses of Parliament home page House of Lords home page search page enquiries

© Parliamentary copyright 2004
Revised 8 December 2004