The Dog Fouling (Fixed Penalty) (England) Order 2002

Statutory Instruments

2002 No. 425

ENVIRONMENTAL PROTECTION, ENGLAND

The Dog Fouling (Fixed Penalty) (England) Order 2002

Made

24th February 2002

Laid before Parliament

8th March 2002

Coming into force

1st April 2002

The Secretary of State, in exercise of the powers conferred upon her by section 88(7) of the Environmental Protection Act 1990(1), as applied by section 4(2) of the Dogs (Fouling of Land) Act 1996, and of all other powers enabling her in that behalf, hereby makes the following Order:

Citation, commencement and extent

1.—(1) This Order may be cited as the Dog Fouling (Fixed Penalty) (England) Order 2002 and shall come into force on 1st April 2002.

(2) This Order extends to England only.

Amount of fixed penalty

2.  For the purposes of section 4 of the Dogs (Fouling of Land) Act 1996 (fixed penalty notices), for the amount of £25 specified as the amount of the fixed penalty in section 88(6) of the Environmental Protection Act 1990(2) substitute the amount of £50.

Revocation

3.  Article 3 of the Dog Fouling (Fixed Penalties) Order 1996(3) (amount of fixed penalty) is revoked.

Michael Meacher

Minister of State

Department for Environment, Food and Rural Affairs

24th February 2002

Explanatory Note

(This note is not part of the Order)

Section 4 of the Dogs (Fouling of Land) Act 1996 provides for the payment of a fixed penalty to discharge any liability to conviction for the offence of failing to remove dog faeces under section 3 of that Act. This Order, which applies to England only, increases the fixed penalty from £25 to £50.

(1)

1990 c. 43; the Secretary of State can exercise these powers only in relation to England: see section 53 of the Scotland Act 1998 (c. 46) and the entries in Schedule 1 to the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672) relating to the Environmental Protection Act 1990 and the Dogs (Fouling of Land) Act 1996 (c. 20).

(2)

For the purposes of section 4 of the Dogs (Fouling of Land) Act 1996, the amount of the fixed penalty specified in section 88(6) of the Environmental Protection Act 1990 was increased from £10 to £25 by article 3 of the Dog Fouling (Fixed Penalties) Order 1996 (S.I. 1996/2763).

(3)

S.I. 1996/2763.