Statutory Instruments
1996 No. 2763
ENVIRONMENTAL PROTECTION
The Dog Fouling (Fixed Penalties) Order 1996
Made
30th October 1996
Laid before Parliament
8th November 1996
Coming into force
1st December 1996
The Secretary of State for the Environment, as respects England, and the Secretary of State for Wales, as respects Wales, in exercise of the powers conferred on them by section 88(5) and (7) of the Environmental Protection Act 1990(1), as applied by section 4(2) of the Dogs (Fouling of Land) Act 1996(2), and of all other powers enabling them in that behalf, hereby make the following Order:—
Citation and commencement
1. This Order may be cited as the Dog Fouling (Fixed Penalties) Order 1996 and shall come into force on 1st December 1996.
Form of notice
2. A notice offering the opportunity of discharging any liability to conviction for an offence committed under section 3 of the Dogs (Fouling of Land) Act 1996 by payment of a fixed penalty shall be in the form prescribed in the Schedule to this Order or a form substantially to the like effect.
Amount of fixed penalty
3. For the purposes of section 4 of the Dogs (Fouling of Land) Act 1996 (fixed penalty notices), for the amount of £10 specified as the amount of the fixed penalty in section 88(6) of the Environmental Protection Act 1990 there shall be substituted the amount of £25.
Signed by authority of the Secretary of State for the Environment
James Clappison
Parliamentary Under-Secretary of State,
Department of the Environment
29th October 1996
Signed by authority of the Secretary of State for Wales
Jonathan Evans
Parliamentary Under-Secretary of State,
Welsh Office
30th October 1996
Article 2
SCHEDULEFORM OF NOTICE
OFFENCE OF FAILING TO REMOVE DOG FAECESNOTICE OF OPPORTUNITY TO PAY FIXED PENALTY
Explanatory Note
(This note is not part of the Order)
This Order prescribes the form of notices under section 4 of the Dogs (Fouling of Land) Act 1996. Notices under section 4 may be given by an authorised officer of a local authority (including a person employed for the purpose by the authority, and any employee of that person) to a person who he has reason to believe has committed an offence under section 3 of that Act (offence of failing to remove dog faeces). The effect of giving the notice is that no proceedings shall be instituted for the offence before the expiration of fourteen days following the date of the notice, and that a person who pays the fixed penalty within that period shall not be convicted of the offence. The Order also increases the amount of the fixed penalty for the purposes of the Act from £10 to £25.