Regulations 7 and 8
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](24)) Order [X](25)
The [X](26) (in this Order called “the Authority”) hereby makes the following Order:
1 This Order comes into force on [X](27).
2 This Order applies to the land specified in [the Schedule] [Schedule 1](28).
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](29), 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](30), 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.
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](31)
[Specification/description of land, or lands, to which the Order applies](32)
[SCHEDULE 2
[Specification of times or periods during which the offence is to apply]](33)
Regulations 7 and 8
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](34) Order [X](35)
The [X](36) hereby makes the following Order:
1 This Order comes into force on [X](37).
2 This Order applies to the land specified in [the Schedule] [Schedule 1](38).
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](39), 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).
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](40)
[Specification/description of land, or lands, to which the Order applies](41)
[SCHEDULE 2
[Specification of times or periods during which the offence is to apply]](42)
Identify, specifically or generally, the land in respect of which the Order applies. Back [24]
Insert year in which Order is made. Back [25]
Insert name of primary or secondary authority making the Order. Back [26]
Insert date Order comes into force, being at least 14 days after making of the Order. Back [27]
Specify whichever is the case. Back [28]
Specify whichever of the options in square brackets is to apply. Back [29]
If this is to be specified, insert maximum length of lead. Back [30]
Specify whichever is the case. Back [31]
Identify, either specifically or by description, the land to which the Order applies. Back [32]
If applicable, include Schedule 2 specifying times or periods. Back [33]
Identify, specifically or generally, the land in respect of which the Order applies. Back [34]
Insert year in which Order is made. Back [35]
Insert name of primary or secondary authority making the Order. Back [36]
Insert date Order comes into force, being at least 14 days after making of the Order. Back [37]
Specify whichever is the case. Back [38]
Specify whichever of the options in square brackets is to apply. Back [39]
Specify whichever is the case. Back [40]
Identify, either specifically or by description, the land to which the Order applies. Back [41]
If applicable, include Schedule 2 specifying times or periods. Back [42]