PART IPrincipal Road Safety Provisions

Ancillary provisions for preventing, or mitigating effects of, accidents

31Control of dogs on roads

(1)A person who causes or permits a dog to be on a designated road without the dog being held on a lead shall be guilty of an offence.

(2)In this section " designated road " means a length of road specified by an order in that behalf of the local authority in whose area the length of road is situated; and the powers which under this subsection are exercisable by a local authority in England or Wales shall, in the case of a road part of the width of which is in the area of one local authority and part in the area of another, be exercisable by either authority with the consent of the other.

(3)An order under this section may provide that subsection (1) above shall apply subject to such limitations or exceptions as may be specified in the order, and (without prejudice to the generality of this subsection) subsection (1) above shall not apply to dogs proved to be kept for driving or tending sheep or cattle in the course of a trade or business, or to have been at the material time in use under proper control for sporting purposes.

(4)An order under this section shall not be made except after consultation with the chief officer of police.

(5)The Secretary of State may make regulations prescribing the procedure to be followed in connection with the making of orders under this section and requiring the authority making such an order to publish in such manner as may be prescribed by the regulations notice of the making and effect of the order.

(6)In England or Wales a local authority may institute proceedings for an offence under this section relating to a road in their area.

(7)In this section " local authority " means the council of a county borough or county district, the Common Council of the City of London or the council of a London borough, or in Scotland a county council or a town council.

(8)The power conferred by this section to make an order shall include power, exercisable in like manner and subject to the like provisions, to vary or revoke it.