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The Dog Fouling (Fixed Penalties) Order 1996

S.I. 1996/2763 · Made 30 October 1996 · Extends to England and Wales

Up to date with all changes known to legislation.gov.uk, revised to 16 December 2005.

ENVIRONMENTAL PROTECTION

Made 30th October 1996

Laid before Parliament 8th November 1996

Coming into force 1st December 1996

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 1990f1, as applied by section 4(2) of the Dogs (Fouling of Land) Act 1996f2, and of all other powers enabling them in that behalf, hereby make the following Order:—

Annotations to the whole text

Textual amendments

F1

Order revoked (E.) (16.12.2005) by The Litter (Fixed Penalty Notices) Order 1991 and the Dog Fouling (Fixed Penalties) Order 1996 (Revocation) (England) Order 2005 (S.I. 2005/3223), arts. 1(b), 2(b)

Footnotes

f1

1990 c. 43.

f2

1996 c. 20.

Contents

  1. 1Citation and commencement
  2. 2Form of notice
  3. 3Amount of fixed penalty Repealed
  4. Signature
  5. Schedule FORM OF NOTICE
  6. Explanatory note

1Citation and commencementF1I1

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

2Form of noticeF1I1

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.

3Amount of fixed penaltyF2F1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Signature

F1Signed by authority of the Secretary of State for the Environment

James Clappison

Parliamentary Under-Secretary of State,

Department of the Environment

29th October 1996

Signed by authority of the Secretary of State for Wales

Jonathan Evans

Parliamentary Under-Secretary of State,

Welsh Office

30th October 1996

FORM OF NOTICEI1F1

OFFENCE OF FAILING TO REMOVE DOG FAECES

NOTICE OF OPPORTUNITY TO PAY FIXED PENALTY

Explanatory note

(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.