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(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
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