Supplementary
Section 63 Overlapping powers
187.The new system of dog control orders enables both primary and secondary authorities to apply dog control offences to land in their area. However, the area of a secondary authority (in most cases a parish or community council) is comprised in the area of the higher tier primary authority. Therefore, under the new system it would be possible for both a primary and a secondary authority to apply a dog control offence to the same area of land.
188.The purpose of section 63 is to avoid such a situation arising where both a primary and secondary authority dog control order relating to the same type of offence exists in relation to the same land. The effect of this section is that if a primary authority makes a dog control order in relation to an area, a secondary authority will not be able to make a dog control order for the same type of offence in relation to the same area. Furthermore, where a primary authority makes a dog control order in relation to land that has previously been the subject of a dog control order made by a secondary authority for the same type of offence, the secondary authority dog control order will cease to have effect.
189.For example, if a district council (i.e. a primary authority) makes an order about dog fouling on land covered by a parish council (a secondary authority), the parish council cannot subsequently make an order relating to dog-fouling on the same land, and any order relating to dog fouling on that land that it has made previously will cease to have effect. However, the parish council will still be able to make, for example, orders requiring dogs to be kept on leads on that land and any such orders it has previously made in relation to that land will continue to have effect (assuming, of course, the district council does not make a similar such order itself in relation to that land).
190.Similarly, subsection (2) gives dog control orders made by parish and community councils superiority over those of secondary authorities designated under section 58(3).
Section 64 Byelaws
191.Section 64 removes the ability of primary and secondary authorities to make byelaws to control dogs in circumstances where it would also be possible for the authority to make a dog control order in respect of the same matter in relation to the land in question. Existing byelaws will remain in place unless that land is made the subject of a dog control order for the same type of offence. For example, if a local authority has a byelaw in place banning dogs from a local park, that byelaw will continue to have effect until such time as the authority makes a dog control order in relation to that park that likewise bans dogs.
Section 65 Dogs (Fouling of Land) Act 1996
192.This section repeals the Dogs (Fouling of Land) Act 1996: as mentioned above, dog fouling is now controlled by way of dog control orders.
Section 66 “Appropriate person”
193.Section 66 provides that the “appropriate person” for Chapter 1 of this Part is the Secretary of State in relation to England and the National Assembly for Wales in relation to Wales.
Section 67 Regulations and orders
194.Section 67 requires that any order or regulations made under section 55(4) or 56(1) be made by statutory instrument by affirmative resolution. Other regulations or orders made under chapter 1 of this Part are to be made by statutory instrument by negative resolution.
