The Dog Fouling (Fixed Penalties) Order 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 1990[^f00001], as applied by section 4(2) of the Dogs (Fouling of Land) Act 1996[^f00002], and of all other powers enabling them in that behalf, hereby make the following Order:—

Citation and commencement

1

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

Form of notice

2

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.

Amount of fixed penalty

3

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

SCHEDULE — FORM OF NOTICE

OFFENCE OF FAILING TO REMOVE DOG FAECES

NOTICE OF OPPORTUNITY TO PAY FIXED PENALTY

Signed

Signed by authority of the Secretary of State for the Environment

James Clappison — Parliamentary Under-Secretary of State, — 1996-10-29

Signed by authority of the Secretary of State for Wales

Jonathan Evans — Parliamentary Under-Secretary of State, — 1996-10-30

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.

Footnotes

[^f00001]: 1990 c. 43.

[^f00002]: 1996 c. 20.

Editorial notes

[^key-59913405f2073f2dc6bd2975478091e0]: Art. 1 in force at 1.12.1996, see art. 1

[^key-88d34c952e11e5aa26dd805142deac02]: Art. 2 in force at 1.12.1996, see art. 1

[^key-ebc6191b7ede2b4fb1e4dcc6c9c8b848]: Art. 3 revoked (E.) (1.4.2002) by The Dog Fouling (Fixed Penalty) (England) Order 2002 (S.I. 2002/425), arts. 1(1), 3; and revoked (W.) (1.4.2004) by The Litter and Dog Fouling (Fixed Penalty) (Wales) Order 2004 (S.I. 2004/909), arts. 1(1), 3(2)