Clean Neighbourhoods and Environment Act 2005 Explanatory Notes

Dog control orders
Section 55 Powers to make dog control orders

177.Section 55 enables “primary authorities” (which equate to local authorities) and “secondary authorities” (meaning principally parish and town councils) to make orders that apply offences aimed at the control of dogs (‘dog control orders’) to specified land in their area.

178.Subsection (3) sets out the four categories of offence that can be provided for. The effect of subsection (4) is that the scope of offences that can be provided for in dog control orders are set out in regulations. It is intended that, where appropriate, the offences described in regulations are not applicable to working dogs and guide dogs.

56 Dog control orders: supplementary

179.Section 56 requires the appropriate person to make regulations which set out: the maximum penalties for dog offences; the content and format of dog control orders; and the process to be undertaken by primary and secondary authorities before and after making such orders (including requirements in respect of consultation on, and publication of, such orders).

Section 57 Land to which Chapter 1 applies

180.Section 57 provides that dog control orders may apply to all public land which is open to the air. Subsection (3) allows for exclusions, by order, to the types of land that can be subject to dog control orders.

Section 58 Primary and secondary authorities

181.This section defines primary and secondary authorities. Secondary authorities are parish and community councils (in England and Wales, respectively). Subsection (3) enables other bodies to be designated as secondary authorities. This is intended to deal with bodies, such as commons conservators, which have powers under private Acts to make byelaws to control dogs. It could also be used to designate statutory bodies with responsibilities for substantial areas of land.

Back to top