|
| |
|
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 |
| |
| |
(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 |
| |
| |
(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 |
| |
| |
(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 |
| |
| |
(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 |
| |
| |
(a) | a district council in England; |
| |
(b) | a county council in England for an area for which there is no district |
| |
| 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 |
| |
(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. |
| |
|
| |
|
| |
|
| |
| |
(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 |
| |
| |
(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 |
| |
| |
(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. |
| |
| |
|
| |
|
| |
|
“authorised officer”, in relation to a primary or secondary authority, |
| |
| |
(a) | an employee of the authority who is authorised in writing by |
| |
the authority for the purpose of giving notices under this |
| |
| 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; |
| |
| |
(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 |
| |
| |
(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 |
| |
(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 |
| |
| |
(4) | The appropriate person may by regulations make provision in connection with |
| 30 |
the powers conferred on primary and secondary authorities under subsections |
| |
| |
(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 |
| |
| |
(2) | A person commits an offence if— |
| |
|
| |
|
| |
|
(a) | he fails to give his name and address when required to do so under |
| |
| |
(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 |
| |
(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 |
| |
| |
(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).” |
| |
| |
| 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 |
| |
| |
(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 |
| |
(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. |
| |
| |
(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 |
| |
|
| |
|
| |
|
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. |
| |
| 15 |
| |
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 |
| |
| 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 |
| |
| 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 |
| |
| |
|
| |
|
| |
|
| |
| |
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”. |
| |
| |
| |
| 15 |
| |
| |
69 | Designation of alarm notification areas |
| |
(1) | A local authority may designate all or any part of its area as an alarm |
| |
| 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 |
| |
| |
(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 |
| |
| |
(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. |
| |
|
| |
|
| |
|
(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 |
| |
| 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 |
| |
| 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 |
| |
| |
(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 |
| |
| |
(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 |
| |
| |
(4) | A person commits an offence if he fails to comply with a requirement of |
| 30 |
| |
(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. |
| |
|
| |
|