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	Statutory Instruments made by the National Assembly for Wales
You are here: BAILII >> Databases >> Statutory Instruments made by the National Assembly for Wales >> The Dog Control Orders (Miscellaneous Provisions) (Wales) Regulations 2007 No. 702 (W.59) URL: http://www.bailii.org/wales/legis/num_reg/2007/20070702e.html

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"access authority" ("awdurdod mynediad") and "access land" ("tir mynediad") have the meaning they bear in Part I of the Countryside and Rights of Way Act 2000[2];

"the Act" ("y Ddeddf") means the Clean Neighbourhoods and Environment Act 2005;

"affected land" ("tir yr effeithir arno") means the land which is the subject of a dog control order or a proposal for a dog control order;

"Authority" ("Awdurdod") means either a primary authority ("prif awdurdod") or a secondary authority ("awdurdod eilaidd") as defined in section 58 (primary and secondary authorities) of the Act;

"local access forum" ("fforwm mynediad lleol") means a local access forum established under section 94 of the Countryside and Rights of Way Act 2000.

Consultation before making a dog control order
     3. Before making a dog control order under section 55 of the Act, an Authority must—

(a) consult upon its proposal to make the order by causing to be published on its website a notice—


(i) identifying the affected land—


(aa) by description, and

(bb) where the proposed order refers to a map, by publication of that map;



(ii) identifying any access land comprised in the affected land;

(iii) setting out the general effect of the proposed order being made;

(iv) stating the period within which representations may be made in writing or by e-mail (being a period of not less than 28 days from the date on which the notice is first published in accordance with this paragraph);

(v) stating the address and e-mail address to which representations may be sent;



(b) where practicable, cause to be displayed at conspicuous positions on or near the affected land such notices as it considers sufficient to draw to the attention of members of the public using that land the effect of the proposed order being made.

     4. Copies of the notice referred to in regulation 3(a) must be given by the Authority—

(a) to any other Authority having power under section 55 of the Act to make a dog control order in respect of any of the affected land;

(b) where any of the affected land is access land, to—


(i) the access authority for that access land;

(ii) the local access forum for that access land; and

(iii) the Countryside Council for Wales, in respect of any of that access land that is not situated in a National Park.

Procedure after making a dog control order
     5. After making a dog control order, an Authority must, not less than seven days before the day on which the order is to come into force—

(a) cause to be displayed at conspicuous positions on or near the affected land such notices as it considers sufficient to draw to the attention of members of the public using that land the fact that an order has been made and the effect of the order having being made;

(b) publish on its website—


(i) a notice stating—


(aa) that the order has been made,

(bb) the place at which copies of it may be obtained;



(ii) a copy of the order,

(iii) a copy of any map referred to in the order;



(c) send the information referred to in paragraph (i) of sub-paragraph (b) to the persons specified in regulation 4.

Amendment and revocation of dog control orders: procedural requirements
     6. Regulations 3, 4 and 5 apply to the amendment and revocation of a dog control order as if the references in those regulations to an order (or a proposed order) were references to an amendment or revocation (or a proposed amendment or proposed revocation, as the case may be) of an order.

Prescribed offences and penalties
     7. —(1) For the purposes of section 55 of the Act, the prescribed offences are those set out in paragraph 1 of each of Schedules 1 to 5.

    (2) The penalty to be provided in relation to any offence in a dog control order is, on summary conviction, a fine not exceeding level 3 on the standard scale.

    (3) A dog control order may specify the times at which, or the periods during which, an offence is to apply.

Specified wording to be used in, and the form of, a dog control order
     8. An Authority which makes a dog control order must—

(a) in providing for any offence, use the wording specified in the Schedule applying to that offence (under the heading "offence"); and

(b) in all other respects make the order in the form set out in the Schedule, or in a form substantially to the like effect.

Form of order amending a dog control order
     9. An Authority which amends a dog control order must do so in accordance with Schedule 6.

Coming into force of a dog control order
     10. The date of coming into force of a dog control order (including an order amending a dog control order) must be not less than 14 days after the date on which the order is made.



Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998[3]


D. Elis-Thomas
The Presiding Officer of the National Assembly

6 March 2007

(a) that person has a reasonable excuse for failing to do so; or

(b) the owner, occupier or other person or authority having control of the land has consented (generally or specifically) to that person failing to do so.

    (2) Nothing in this article applies to a person who—

(a) is registered as a blind person in a register compiled under section 29 of the National Assistance Act 1948; or

(b) has a disability which affects that person's mobility, manual dexterity, physical co-ordination or ability to lift, carry or otherwise move everyday objects, in respect of a dog trained by a prescribed charity and upon which that person relies for assistance.

    (3) For the purposes of this article—

(a) a person who habitually has a dog in their possession is taken to be in charge of the dog at any time unless at that time some other person is in charge of the dog;

(b) placing the faeces in a receptacle on the land which is provided for the purpose, or for the disposal of waste, shall be a sufficient removal from the land;

(c) being unaware of the defecation (whether by reason of not being in the vicinity or otherwise), or not having a device for or other suitable means of removing the faeces shall not be a reasonable excuse for failing to remove the faeces;

(d) each of the following is a "prescribed charity"—


(i) Dogs for the Disabled (registered charity number 700454);

(ii) Support Dogs (registered charity number 1088281);

(iii) Canine Partners for Independence (registered charity number 803680).

Penalty
     4

A person who is guilty of an offence under article 3 is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

[Date]

[Attestation clause]

[SCHEDULE] [SCHEDULE 1][11]

[Specification/description of land, or lands, to which the Order applies][12]

[SCHEDULE 2

[Specification of times or periods during which the offence is to apply]][13]

(a) that person has a reasonable excuse for failing to do so; or

(b) the owner, occupier or other person or authority having control of the land has consented (generally or specifically) to that person failing to do so.

    (2) For the purposes of this article a person who habitually has a dog in their possession is taken to be in charge of the dog at any time unless at that time some other person is in charge of the dog.

Penalty
     4

A person who is guilty of an offence under article 3 is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

[Date]

[Attestation clause]

[SCHEDULE] [SCHEDULE 1][21]

[Specification/description of land, or lands, to which the Order applies][22]

[SCHEDULE 2

[Specification of times or periods during which the offence is to apply]][23]

(a) that person has a reasonable excuse for failing to do so; or

(b) the owner, occupier or other person or authority having control of the land has consented (generally or specifically) to that person failing to do so.

    (2) For the purposes of this article—

(a) a person who habitually has a dog in their possession is taken to be in charge of the dog at any time unless at that time some other person is in charge of the dog;

(b) an authorised officer of the Authority may only give a direction under this Order to put and keep a dog on a lead if such restraint is reasonably necessary to prevent a nuisance or behaviour by the dog likely to cause annoyance or disturbance to any other person [on any land to which this Order applies] or the worrying or disturbance of any animal or bird.

    (3) In this Order "an authorised officer of the Authority" means a person who is authorised in writing by the Authority for the purpose of giving directions under this Order.

Penalty
     4

A person who is guilty of an offence under article 4 is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

[Date]

[Attestation clause]

[SCHEDULE] [SCHEDULE 1][31]

[Specification/description of land, or lands, to which the Order applies][32]

[SCHEDULE 2

[Specification of times or periods during which the offence is to apply]][33]

(a) that person has a reasonable excuse for doing so; or

(b) the owner, occupier or other person or authority having control of the land has consented (generally or specifically) to that person doing so.

    (2) Nothing in this article applies to a person who—

(a) is registered as a blind person in a register compiled under section 29 of the National Assistance Act 1948; or

(b) is deaf, in respect of a dog trained by Hearing Dogs for Deaf People (registered charity number 293358) and upon which that person relies for assistance; or

(c) has a disability which affects that person's mobility, manual dexterity, physical co-ordination or ability to lift, carry or otherwise move everyday objects, in respect of a dog trained by a prescribed charity and upon which that person relies for assistance.

    (3) For the purposes of this article—

(a) a person who habitually has a dog in their possession is taken to be in charge of the dog at any time unless at that time some other person is in charge of the dog; and

(b) each of the following is a "prescribed charity"—


(i) Dogs for the Disabled (registered charity number 700454);

(ii) Support Dogs (registered charity number 1088281);

(iii) Canine Partners for Independence (registered charity number 803680).

Penalty
     4

A person who is guilty of an offence under article 3 shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

[Date]

[Attestation clause]

[SCHEDULE] [SCHEDULE 1][40]

[Specification/description of land, or lands, to which the Order applies][41]

[SCHEDULE 2

[Specification of times or periods during which the offence is to apply]][42]

(a) that person has a reasonable excuse for doing so; or

(b) the owner, occupier or other person or authority having control of the land has consented (generally or specifically) to that person doing so.

    (2) For the purposes of this article a person who habitually has a dog in their possession is taken to be in charge of the dog at any time unless at that time some other person is in charge of the dog.

Penalty
     5

A person who is guilty of an offence under article 4 is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

[Date]

[Attestation clause]

[SCHEDULE] [SCHEDULE 1][50]

[Specification/description of land, or lands, to which the Order applies][51]

[SCHEDULE 2

[Specification of times or periods during which the offence is to apply]][52]

Further information on Chapter 1 of Part 6 of the 2005 Act may be found in the Explanatory Notes to the 2005 Act available at http://www.opsi.gov.uk/acts/en2005/ukpgaen_20050016_en.pdf

[2] 2000 c. 37; for "access authority" see section 1(2) and for "access land" see section 1(1).back

[3] 1998 c.38back

[4] back

[5] Identify, specifically or generally, the land in respect of which the Order applies.back

[6] Insert year in which Order is made.back

[7] Insert name of primary or secondary authority making the Order.back

[8] Insert date Order comes into force, being at least 14 days after making of the Order.back

[9] Specify whichever is the case.back

[10] Specify periods if the Order is to apply only during certain periods of the year.back

[11] Specify whichever is the case.back

[12] Identify, either specifically or by description, the land to which the Order applies.back

[13] If applicable, include Schedule 2 specifying times or periods.back

[14] Identify, specifically or generally, the land in respect of which the Order applies.back

[15] Insert year in which Order is made.back

[16] Insert name of primary or secondary authority making the Order.back

[17] Insert date Order comes into force, being at least 14 days after making of the Order.back

[18] Specify whichever is the case.back

[19] Specify whichever of the options in square brackets is to apply.back

[20] If this is to be specified, insert maximum length of lead.back

[21] Specify whichever is the case.back

[22] Identify, either specifically or by description, the land to which the Order applies.back

[23] If applicable, include Schedule 2 specifying times or periods.back

[24] Identify, specifically or generally, the land in respect of which the Order applies.back

[25] Insert year in which Order is made.back

[26] Insert name of primary or secondary authority making the Order.back

[27] Insert date Order comes into force, being at least 14 days after making of the Order.back

[28] Specify whichever is the case.back

[29] Specify whichever of the options in square brackets is to apply.back

[30] If this is to be specified, insert maximum length of lead.back

[31] Specify whichever is the case.back

[32] Identify, either specifically or by description, the land to which the Order applies.back

[33] If applicable, include Schedule 2 specifying times or periods.back

[34] Identify, specifically or generally, the land in respect of which the Order applies.back

[35] Insert year in which Order is made.back

[36] Insert name of primary or secondary authority making the Order.back

[37] Insert date Order comes into force, being at least 14 days after making of the Order.back

[38] Specify whichever is the case.back

[39] Specify whichever of the options in square brackets is to apply.back

[40] Specify whichever is the case.back

[41] Identify, either specifically or by description, the land to which the Order applies.back

[42] If applicable, include Schedule 2 specifying times or periods.back

[43] Identify, specifically or generally, the land in respect of which the Order applies.back

[44] Insert year in which Order is made.back

[45] Insert name of primary or secondary authority making the Order.back

[46] Insert date Order comes into force, being at least 14 days after making of the Order.back

[47] Specify whichever is the case.back

[48] Insert desired maximum number.back

[49] Specify whichever of the options in square brackets is to apply.back

[50] Specify whichever is the case.back

[51] Identify, either specifically or by description, the land to which the Order applies.back

[52] If applicable, include Schedule 2 specifying times or periods.back

[53] Insert full title (including year) of the Order to be amended.back

[54] Insert year in which amending Order is made.back

[55] Insert name of primary or secondary authority making the Order.back

[56] Insert date Order comes into force, being at least 14 days after making of the Order.back

[57] Insert full title (including year) of the Order to be amended.back

[58] For example: "[Paragraph X of] Article [X] is replaced by the following [paragraph / Article]:…", "after the words [X] insert the following words: "[X]", substitute the words "[X]"", etc.].back

 © Crown copyright 2007