The Dog Control Orders (Miscellaneous Provisions) (Wales) Regulations 2007

Regulations 7 and 8

SCHEDULE 1OFFENCE OF FAILING TO REMOVE DOG FAECES AND FORM OF ORDER

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(1), 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 Fouling of Land by Dogs ([X](2)) Order [X](3)

• The [X](4) hereby makes the following Order:

1  This Order comes into force on [X](5).

2  This Order applies to the land specified in [the Schedule] [Schedule 1](6).

Offence

3—(1) If a dog defecates at any time[ during the periods specified in Schedule 2](7) 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).

Penalty

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](8)

• [Specification/description of land, or lands, to which the Order applies](9)

• [SCHEDULE 2

• [Specification of times or periods during which the offence is to apply]](10)

Regulations 7 and 8

SCHEDULE 2OFFENCE OF NOT KEEPING A DOG ON A LEAD AND FORM OF ORDER

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 Dogs on Leads ([X](11)) Order [X](12)

• The [X](13) hereby makes the following Order:

1  This Order comes into force on [X](14).

2  This Order applies to the land specified in [the Schedule] [Schedule 1](15).

Offence

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](16), 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](17), 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.

Penalty

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](18)

• [Specification/description of land, or lands, to which the Order applies](19)

• [SCHEDULE 2

• [Specification of times or periods during which the offence is to apply]](20)

Regulations 7 and 8

SCHEDULE 3OFFENCE OF NOT PUTTING AND KEEPING A DOG ON A LEAD, UNDER DIRECTION AND FORM OF ORDER

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 Dogs on Leads by Direction ([X](21)) Order [X](22)

• The [X](23) (in this Order called “the Authority”) hereby makes the following Order:

1  This Order comes into force on [X](24).

2  This Order applies to the land specified in [the Schedule] [Schedule 1](25).

Offence

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](26), 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](27), 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.

Penalty

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](28)

• [SCHEDULE 2

• [Specification of times or periods during which the offence is to apply]](29)

Regulations 7 and 8

SCHEDULE 4OFFENCE OF PERMITTING A DOG TO ENTER LAND FROM WHICH IT IS EXCLUDED AND FORM OF ORDER

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 Dogs Exclusion [X](30) Order [X](31)

• The [X](32) hereby makes the following Order:

1  This Order comes into force on [X](33).

2  This Order applies to the land specified in [the Schedule] [Schedule 1](34).

Offence

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](35), 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).

Penalty

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](36)

• [Specification/description of land, or lands, to which the Order applies](37)

• [SCHEDULE 2

• [Specification of times or periods during which the offence is to apply]](38)

Regulations 7 and 8

SCHEDULE 5OFFENCE OF TAKING MORE THAN A SPECIFIED NUMBER OF DOGS ONTO LAND AND FORM OF ORDER

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 Dogs (Specified Maximum) [X](39) Order [X](40)

• The [X](41) hereby makes the following Order:

1  This Order comes into force on [X](42).

2  This Order applies to the land specified in [the Schedule] [Schedule 1](43).

3  On land to which this Order applies, the maximum number of dogs which a person may take onto that land is [X](44).

Offence

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](45), 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.

Penalty

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](46)

• [Specification/description of land, or lands, to which the Order applies](47)

• [SCHEDULE 2

• [Specification of times or periods during which the offence is to apply]](48)

Regulations 7 and 8

SCHEDULE 6FORM OF ORDER AMENDING A DOG CONTROL ORDER

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 702 (W.59) (49) (Amendment) Order [X](50)

• The [X](51) hereby makes the following Order:

1  This Order comes into force on [X](52).

2  The [XXXX](53) is amended as follows:

• [insert amendments to be made](54).

• [Date]

• [Attestation clause]