Welsh Statutory Instruments
DOGS, WALES
CONTROL OF DOGS
Made
6 March 2007
Coming into force
15 March 2007
The National Assembly for Wales, being the appropriate person in relation to Wales as defined in section 66(b) of the Clean Neighbourhoods and Environment Act 2005(1), makes the following Regulations in exercise of the powers conferred upon it by sections 55(4) and (5), 56(1), (3), (4) and (5) and 67(1) of that Act.
1.—(1) The title of these Regulations is the Dog Control Orders (Miscellaneous Provisions) (Wales) Regulations 2007.
(2) These Regulations come into force on 15 March 2007.
(3) These Regulations apply in relation to Wales.
2. In these Regulations—
“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.
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.
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.
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.
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.
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.
9. An Authority which amends a dog control order must do so in accordance with Schedule 6.
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
Regulations 7 and 8
1—(1) Subject to sub-paragraphs (2) and (3), it is an offence when being in charge of a dog on land to which a dog control order (described as a “Fouling of Land by Dogs Order” in the form set out below) applies, not to remove faeces deposited by the dog at any time, or at any time during certain periods prescribed in the order.
(2) No offence is committed where a person has a reasonable excuse for failing to remove the faeces, or 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.
(3) The offence does not apply to a person who is registered as a blind person in a register compiled under section 29 of the National Assistance Act 1948(4), or to a person who 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 Dogs for the Disabled (registered charity number 700454), Support Dogs (registered charity number 1088281) or Canine Partners for Independence (registered charity number 803680) and upon which that person relies for assistance.
2 In any Fouling of Land by Dogs Order, the offence of failing to remove dog faeces is to be set out in full as stated in article 3 in the form of order given below.
3 In all other respects, a Fouling of Land by Dogs Order providing for that offence is to be in the form given below, or in a form substantially to the like effect.
Form of Order
The Clean Neighbourhoods and Environment Act 2005
The Dog Control Orders (Miscellaneous Provisions) (Wales) Regulations 2007 (SI 2007/702 (W.59)
The [X](7) hereby makes the following Order:
1 This Order comes into force on [X](8).
2 This Order applies to the land specified in [the Schedule] [Schedule 1](9).
3—(1) If a dog defecates at any time[ during the periods specified in Schedule 2](10) on land to which this Order applies and a person who is in charge of the dog at that time fails to remove the faeces from the land forthwith, that person shall be guilty of an offence unless—
(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).
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)
Regulations 7 and 8
1—(1) Subject to sub-paragraph (2), it is an offence when being in charge of a dog on land to which a dog control order (described as a “Dogs on Leads Order” in the form set out below) applies, not to keep the dog on a lead or on a lead of a maximum length prescribed in the order, during such times or periods as may be prescribed.
(2) No offence is committed where a person has a reasonable excuse for failing to keep the dog on a lead, or 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 In any Dogs on Leads Order, the offence of not keeping a dog on a lead is to be set out in full as stated in article 3 in the form of the order given below.
3 In all other respects, a Dogs on Leads Order providing for that offence is to be in the form given below, or in a form substantially to the like effect.
Form of Order
The Clean Neighbourhoods and Environment Act 2005
The Dog Control Orders (Miscellaneous Provisions) (Wales) Regulations 2007 (SI 2007/702 (W.59)
The [X](16) hereby makes the following Order:
1 This Order comes into force on [X](17).
2 This Order applies to the land specified in [the Schedule] [Schedule 1](18).
3—(1) A person in charge of a dog shall be guilty of an offence if, [at any time][during the [times] [periods] specified in Schedule 2](19), on any land to which this Order applies that person does not keep the dog on a lead[ of not more than [X centimetres / metres] in length](20), unless—
(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.
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)
Regulations 7 and 8
1—(1) Subject to sub-paragraph (2), it is an offence when being in charge of a dog on land to which a dog control order (described as a “Dogs on Leads by Direction Order” in the form set out below) applies, not to put, and thereafter keep, the dog on a lead or on a lead of a maximum length prescribed in the order, during such times or periods as may be prescribed, when directed to do so by an authorised officer of an Authority.
(2) No offence is committed where a person has a reasonable excuse for failing to comply with a direction to put and keep the dog on a lead, or 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 In any Dogs on Leads by Direction Order, the offence of not putting and keeping a dog on a lead, by direction, is to be set out in full as stated in article 4 in the form of the order given below.
3 In all other respects, a Dogs on Leads by Direction Order providing for that offence is to be in the form given below, or in a form substantially to the like effect.
Form of Order
The Clean Neighbourhoods and Environment Act 2005
The Dog Control Orders (Miscellaneous Provisions) (Wales) Regulations 2007 (SI 2007/702 (W.59)
The [X](26) (in this Order called “the Authority”) hereby makes the following Order:
1 This Order comes into force on [X](27).
2 This Order applies to the land specified in [the Schedule] [Schedule 1](28).
3—(1) A person in charge of a dog is guilty of an offence if, [at any time] [during the [times] [periods] specified in Schedule 2](29), on any land to which this Order applies, that person does not comply with a direction given by an authorised officer of the Authority to put and keep the dog on a lead[ of not more than [X centimetres / metres] in length](30), unless—
(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.
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)
[SCHEDULE 2
[Specification of times or periods during which the offence is to apply]](32)
Regulations 7 and 8
1—(1) Subject to sub-paragraphs (2) and (3), it is an offence when being in charge of a dog on land to which a dog control order (described as a “Dogs Exclusion Order” in the form set out below) applies, during such times or periods as may be specified in the order, to take the dog onto, or to permit it to enter or to remain on, such land.
(2) No offence is committed where a person has a reasonable excuse for taking the dog onto, or permitting it to enter or remain on, the land, or the owner, occupier or other person or authority having control of the land has consented (generally or specifically) to that person doing so.
(3) The offence does not apply to a person who is registered as a blind person in a register compiled under section 29 of the National Assistance Act 1948, to a deaf person in respect of a dog trained by Hearing Dogs for Deaf People (registered charity number 293358), or to a person who has a disability which affects his mobility, manual dexterity, physical co-ordination or ability to lift, carry or otherwise move everyday objects, in respect of a dog trained by Dogs for the Disabled (registered charity number 700454), Support Dogs (registered charity number 1088281) or Canine Partners for Independence (registered charity number 803680) and upon which that person relies for assistance.
2 In any Dogs Exclusion Order, the offence of taking a dog onto, or permitting it to enter or to remain on, land from which it is excluded is to be set out in full as stated in article 3 in the form of the order given below.
3 In all other respects, a Dogs Exclusion Order providing for that offence is to be in the form given below, or in a form substantially to the like effect.
Form of Order
The Clean Neighbourhoods and Environment Act 2005
The Dog Control Orders (Miscellaneous Provisions) (Wales) Regulations 2007 (SI 2007/702 (W.59)
The [X](35) hereby makes the following Order:
1 This Order comes into force on [X](36).
2 This Order applies to the land specified in [the Schedule] [Schedule 1](37).
3—(1) A person in charge of a dog shall be guilty of an offence if, [at any time] [during the [times] [periods] specified in Schedule 2](38), that person takes the dog onto, or permits the dog to enter or to remain on, any land to which this Order applies unless—
(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).
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](39)
[Specification/description of land, or lands, to which the Order applies](40)
[SCHEDULE 2
[Specification of times or periods during which the offence is to apply]](41)
Regulations 7 and 8
1—(1) Subject to sub-paragraph (2), it is an offence when being in charge of more than one dog on land to which a dog control order (described as a “Dogs (Specified Maximum) Order” in the form set out below) applies, during such times or periods as may be specified in the order, to take more than the maximum number of dogs specified in the order onto that land.
(2) No offence is committed where a person has a reasonable excuse for taking more than the specified maximum number of dogs onto the land, or the owner, occupier or other person or authority having control of the land has consented (generally or specifically) to his doing so.
2 In any Dogs (Specified Maximum) Order, the offence of taking more than a specified number of dogs onto land is to be set out in full as stated in article 4 in the form of order given below.
3 In all other respects, a Dogs (Specified Maximum) Order providing for that offence is to be in the form given below, or in a form substantially to the like effect.
Form of Order
The Clean Neighbourhoods and Environment Act 2005
The Dog Control Orders (Miscellaneous Provisions) Regulations 2007 (SI 2007/702 W.59))
The [X](44) hereby makes the following Order:
1 This Order comes into force on [X](45).
2 This Order applies to the land specified in [the Schedule] [Schedule 1](46).
3 On land to which this Order applies, the maximum number of dogs which a person may take onto that land is [X](47).
4—(1) A person in charge of more than one dog is guilty of an offence if, [at any time][during the [times] [periods] specified in Schedule 2](48), that person takes onto any land in respect of which this Order applies more than the maximum number of dogs specified in article 3 of this Order, unless—
(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.
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](49)
[Specification/description of land, or lands, to which the Order applies](50)
[SCHEDULE 2
[Specification of times or periods during which the offence is to apply]](51)
Regulations 7 and 8
1 An order amending a dog control order shall be in the form given below, or in a form substantially to the like effect.
2 Where the amendment is to the description of an offence, the amendment shall be made by substituting the entire article which sets out the offence, and the substituted article shall set out the offence as it is required to be stated were it contained in a newly made dog control order.
Form of Order
The Clean Neighbourhoods and Environment Act 2005
The Dog Control Orders (Miscellaneous Provisions) Regulations 2007 (SI 2007/702 (W.59))
The [X](54) hereby makes the following Order:
1 This Order comes into force on [X](55).
2 The [XXXX](56) is amended as follows:
[insert amendments to be made](57).
[Date]
[Attestation clause]
(This note is not part of the Regulations)
Chapter 1 (controls on dogs) of Part 6 (dogs) of the Clean Neighbourhoods and Environment Act 2005 (c. 16) (“the 2005 Act”) establishes a new system for the control of dogs by county, county borough and community councils (“authorities”). That Chapter empowers authorities to make dog control orders in respect of any land in their area which is open to the air, subject to any land being excluded by order made by the National Assembly for Wales. The Controls on Dogs (Non-application to Designated Land) (Wales) Order 2007 (S.I. 2007 No. 702 (W.59) designates, for specified purposes, the following descriptions of land as land to which Chapter 1 of Part 6 of the 2005 Act does not apply—
(a)land that is placed at the disposal of the Forestry Commissioners under section 39(1) of the Forestry Act 1967 (c. 10); and
(b)land which is, or forms part of, a road
These Regulations prescribe, in relation to dog control orders made under section 55 of the 2005 Act—
(a)the procedures to be followed by authorities when making, varying and revoking dog control orders (regulations 3 to 6);
(b)the offences which may be provided for in a dog control order (regulation 7(1) and paragraph 1 of each of Schedules 1 to 5);
(c)the maximum penalties which may be provided for in a dog control order in relation to the prescribed offences (regulation 7(2));
(d)the content and form of dog control orders (including orders amending a dog control order) (regulations 8(a) and 9 and paragraph 2 of each of Schedules 1 to 5 and Schedule 6); and
(e)the earliest coming into force date of an order (including an order amending a dog control order) (regulation 10).
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
2000 c. 37; for “access authority” see section 1(2) and for “access land” see section 1(1).
Identify, specifically or generally, the land in respect of which the Order applies.
Insert year in which Order is made.
Insert name of primary or secondary authority making the Order.
Insert date Order comes into force, being at least 14 days after making of the Order.
Specify whichever is the case.
Specify periods if the Order is to apply only during certain periods of the year.
Specify whichever is the case.
Identify, either specifically or by description, the land to which the Order applies.
If applicable, include Schedule 2 specifying times or periods.
Identify, specifically or generally, the land in respect of which the Order applies.
Insert year in which Order is made.
Insert name of primary or secondary authority making the Order.
Insert date Order comes into force, being at least 14 days after making of the Order.
Specify whichever is the case.
Specify whichever of the options in square brackets is to apply.
If this is to be specified, insert maximum length of lead.
Specify whichever is the case.
Identify, either specifically or by description, the land to which the Order applies.
If applicable, include Schedule 2 specifying times or periods.
Identify, specifically or generally, the land in respect of which the Order applies.
Insert year in which Order is made.
Insert name of primary or secondary authority making the Order.
Insert date Order comes into force, being at least 14 days after making of the Order.
Specify whichever is the case.
Specify whichever of the options in square brackets is to apply.
If this is to be specified, insert maximum length of lead.
Specify whichever is the case.
If applicable, include Schedule 2 specifying times or periods.
Identify, specifically or generally, the land in respect of which the Order applies.
Insert year in which Order is made.
Insert name of primary or secondary authority making the Order.
Insert date Order comes into force, being at least 14 days after making of the Order.
Specify whichever is the case.
Specify whichever of the options in square brackets is to apply.
Specify whichever is the case.
Identify, either specifically or by description, the land to which the Order applies.
If applicable, include Schedule 2 specifying times or periods.
Identify, specifically or generally, the land in respect of which the Order applies.
Insert year in which Order is made.
Insert name of primary or secondary authority making the Order.
Insert date Order comes into force, being at least 14 days after making of the Order.
Specify whichever is the case.
Insert desired maximum number.
Specify whichever of the options in square brackets is to apply.
Specify whichever is the case.
Identify, either specifically or by description, the land to which the Order applies.
If applicable, include Schedule 2 specifying times or periods.
Insert full title (including year) of the Order to be amended.
Insert year in which amending Order is made.
Insert name of primary or secondary authority making the Order.
Insert date Order comes into force, being at least 14 days after making of the Order.
Insert full title (including year) of the Order to be amended.
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.].