Clean Neighbourhoods and Environment Bill

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.
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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;
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(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.
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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
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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.