A primary or secondary authority may in accordance with this Chapter make an order providing for an offence or offences relating to the control of dogs in respect of any land in its area to which this Chapter applies.

An order under subsection (1) is to be known as a “dog control order”.

An offence provided for in a dog control order must be an offence which is prescribed for the purposes of this section by regulations made by the appropriate person.

A dog control order may specify the land in respect of which it applies specifically or by description.

A dog control order may be revoked or amended by the authority which made it; but this Chapter applies in relation to any amendment of a dog control order as if it were the making of a new order.

The appropriate person must by regulations prescribe the penalties, or maximum penalties, which may be provided for in a dog control order in relation to any offence.

Regulations under subsection (1) may not in any case permit a dog control order to provide for a penalty other than a fine not exceeding level 3 on the standard scale in relation to any offence.

The appropriate person must by regulations prescribe such other requirements relating to the content and form of a dog control order as the appropriate person thinks fit.

The appropriate person must by regulations prescribe the procedure to be followed by a primary or secondary authority before and after making a dog control order.

Subject to this section, this Chapter applies to any land which is open to the air and to which the public are entitled or permitted to have access (with or without payment).

For the purposes of this section, any land which is covered is to be treated as land which is “open to the air” if it is open to the air on at least one side.

The appropriate person may by order designate land as land to which this Chapter does not apply (generally or for such purposes as may be specified in the order).

Land may be designated under subsection (3) specifically or by description.

Where a private Act confers powers on a person other than a primary or secondary authority for the regulation of any land, that person may, by notice in writing given to the primary and secondary authorities in whose area the land is situated, exclude the application of this Chapter to that land.

The appropriate person may by order designate any person or body exercising functions under an enactment as a secondary authority for the purposes of this Chapter in respect of an area specified in the order.

The authorised officer may give that person a notice offering him the opportunity of discharging any liability to conviction for the offence by payment of a fixed penalty.

A fixed penalty payable under this section is payable to the primary or secondary authority whose officer gave the notice.

A notice under this section must give such particulars of the circumstances alleged to constitute the offence as are necessary for giving reasonable information of the offence.

Without prejudice to payment by any other method, payment of the fixed penalty may be made by pre-paying and posting a letter containing the amount of the penalty (in cash or otherwise) to the person mentioned in subsection (6)(c) at the address so mentioned.

Where a letter is sent in accordance with subsection (7) payment is to be regarded as having been made at the time at which that letter would be delivered in the ordinary course of post.

The form of a notice under this section is to be such as the appropriate person may by order prescribe.

In this section—

The appropriate person may by regulations prescribe conditions to be satisfied by a person before a secondary authority may authorise him in writing for the purpose of giving notices under this section.

A primary or secondary authority may under subsection (1)(a) specify different amounts in relation to different offences.

A primary or secondary authority may make provision for treating a fixed penalty payable to that authority in pursuance of a notice under section 59 as having been paid if a lesser amount is paid before the end of a period specified by the authority.

The appropriate person may by regulations make provision in connection with the powers conferred on primary and secondary authorities under subsections (1)(a) and (3).

The appropriate person may by order substitute a different amount for the amount for the time being specified in subsection (1)(b).

If an authorised officer of a primary or secondary authority proposes to give a person a notice under section 59, the officer may require the person to give him his name and address.

A person guilty of an offence under subsection (2) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

In this section “authorised officer” has the same meaning as in section 59.

The Police Reform Act 2002 (c. 30) is amended as follows.

In Schedule 4 (community support officers), in paragraph 1(2), after paragraph (d) insert

In Schedule 5 (accredited persons), in paragraph 1(2), after paragraph (c) insert

Where the area of an authority designated as a secondary authority under section 58(3) is to any extent the same as that of a parish or community council, subsection (1) applies in relation to orders made by the designated authority and that council as if the council were a primary authority.

Where, apart from this subsection, a primary or secondary authority has at any time power to make a byelaw in relation to any matter specified in any of paragraphs (a) to (d) of section 55(3) as respects any land, it may not make such a byelaw if at that time it has power under this Chapter to make a dog control order as respects that land in relation to the matter specified in that paragraph.

Subsection (1) does not affect any byelaw which the authority had power to make at the time it was made.

Where a dog control order is made in relation to any matter specified in any of paragraphs (a) to (d) of section 55(3) as respects any land, any byelaw previously made by a primary or secondary authority which has the effect of making a person guilty of any offence in relation to the matter specified in that paragraph as respects that land shall cease to have that effect.

Where any act or omission would, apart from this subsection, constitute an offence under a dog control order and any byelaw, the act or omission shall not constitute an offence under the byelaw.

Any power conferred by this Chapter on the Secretary of State or National Assembly for Wales to make regulations or an order is exercisable by statutory instrument.

The Secretary of State may not make a statutory instrument containing regulations under section 55(4) or 56(1) unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.