1996 No. 2763

ENVIRONMENTAL PROTECTION

The Dog Fouling (Fixed Penalties) Order 1996

Made

Laid before Parliament

Coming into force

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 19901, as applied by section 4(2) of the Dogs (Fouling of Land) Act 19962, and of all other powers enabling them in that behalf, hereby make the following Order:—

Citation and commencement1

This Order may be cited as the Dog Fouling (Fixed Penalties) Order 1996 and shall come into force on 1st December 1996.

Form of notice2

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 penalty3

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 ClappisonParliamentary Under-Secretary of State,Department of the Environment

Signed by authority of the Secretary of State for Wales

Jonathan EvansParliamentary Under-Secretary of State,Welsh Office

SCHEDULEFORM OF NOTICE

Article 2

OFFENCE OF FAILING TO REMOVE DOG FAECES

NOTICE OF OPPORTUNITY TO PAY FIXED PENALTY

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(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.