Explanatory Memorandum

Dogs (Amendment) Act (Northern Ireland) 2011

2011 CHAPTER 9

8 March 2011

Commentary on Sections

Fixed penalties

Section 11 of the Act (Fixed penalty offences) provides that failure to notify a district council of the transfer of ownership of a dog subject to control conditions, or to observe any control condition, may attract a fixed penalty.

Section 12 of the Act (Payment of fixed penalty to district council) provides that fixed penalties shall be paid to the district council whose officer issued the fixed penalty notice.

Section 13 of the Act (Use of fixed penalty receipts of district council) requires district councils to use the receipts from fixed penalties under the Dogs Order only for the enforcement of that Order.

Section 14 of the Act (Amount of fixed penalty) provides for councils to set the level of fixed penalties for certain offences (within limits) with a default level of £75 where a council chooses not to set its own level. It also provides for councils to make provision for a discount for early payment of a fixed penalty.

Section 15 (Assembly control of orders made by the Department) provides that orders under Article 7(6), 8(4), 23(7)(b), 25(2)(f), 25(4), 25B(1), 28(3)(b), 29(5)(b), 33(3)(c), 35(2), 38(6) or 46 of the Dogs Order shall not be made unless a draft of the order has been laid before, and approved by a resolution of, the Assembly.