Office of Public Sector Information
Regulations 7 and 8
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](43) Order [X](44)
The [X](45) hereby makes the following Order:
1 This Order comes into force on [X](46).
2 This Order applies to the land specified in [the Schedule] [Schedule 1](47).
3 On land to which this Order applies, the maximum number of dogs which a person may take onto that land is [X](48).
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](49), 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.
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](50)
[Specification/description of land, or lands, to which the Order applies](51)
[SCHEDULE 2
[Specification of times or periods during which the offence is to apply]](52)
Regulations 7 and 8
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) (53) (Amendment) Order [X](54)
The [X](55) hereby makes the following Order:
1 This Order comes into force on [X](56).
2 The [XXXX](57) is amended as follows:
[insert amendments to be made](58).
[Date]
[Attestation clause]
(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
Identify, specifically or generally, the land in respect of which the Order applies. Back [43]
Insert year in which Order is made. Back [44]
Insert name of primary or secondary authority making the Order. Back [45]
Insert date Order comes into force, being at least 14 days after making of the Order. Back [46]
Specify whichever is the case. Back [47]
Insert desired maximum number. Back [48]
Specify whichever of the options in square brackets is to apply. Back [49]
Specify whichever is the case. Back [50]
Identify, either specifically or by description, the land to which the Order applies. Back [51]
If applicable, include Schedule 2 specifying times or periods. Back [52]
Insert full title (including year) of the Order to be amended. Back [53]
Insert year in which amending Order is made. Back [54]
Insert name of primary or secondary authority making the Order. Back [55]
Insert date Order comes into force, being at least 14 days after making of the Order. Back [56]
Insert full title (including year) of the Order to be amended. Back [57]
For example: “[Paragraph X of] Article [X] is replaced by the following [paragraph / Article]:...”, “after the words [X] insert the following words: “[X]”, substitute the words “[X]””, etc.]. Back [58]
The Dog Control Orders (Miscellaneous Provisions) (Wales) Regulations 2007