The Dog Control Orders (Miscellaneous Provisions) (Wales) Regulations 2007

Regulations 7 and 8

SCHEDULE 2 OFFENCE OF NOT KEEPING A DOG ON A LEAD AND FORM OF ORDER

1—(1) Subject to sub-paragraph (2), it is an offence when being in charge of a dog on land to which a dog control order (described as a “Dogs on Leads Order” in the form set out below) applies, not to keep the dog on a lead or on a lead of a maximum length prescribed in the order, during such times or periods as may be prescribed.

(2) No offence is committed where a person has a reasonable excuse for failing to keep the dog on a lead, or the owner, occupier or other person or authority having control of the land has consented (generally or specifically) to that person failing to do so.

2  In any Dogs on Leads Order, the offence of not keeping a dog on a lead is to be set out in full as stated in article 3 in the form of the order given below.

3  In all other respects, a Dogs on Leads Order providing for that offence is to be in the form given below, or in a form substantially to the like effect.

• Form of Order

• The Clean Neighbourhoods and Environment Act 2005

• The Dog Control Orders (Miscellaneous Provisions) (Wales) Regulations 2007 (SI 2007/702 (W.59)

• The Dogs on Leads ([X](1)) Order [X](2)

• The [X](3) hereby makes the following Order:

1  This Order comes into force on [X](4).

2  This Order applies to the land specified in [the Schedule] [Schedule 1](5).

Offence

3—(1) A person in charge of a dog shall be guilty of an offence if, [at any time][during the [times] [periods] specified in Schedule 2](6), on any land to which this Order applies that person does not keep the dog on a lead[ of not more than [X centimetres / metres] in length](7), unless—

(a) that person has a reasonable excuse for failing to do so; or

(b) the owner, occupier or other person or authority having control of the land has consented (generally or specifically) to that person failing to do so.

(2) For the purposes of this article a person who habitually has a dog in their possession is taken to be in charge of the dog at any time unless at that time some other person is in charge of the dog.

Penalty

4  A person who is guilty of an offence under article 3 is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

• [Date]

• [Attestation clause]

• [SCHEDULE] [SCHEDULE 1](8)

• [Specification/description of land, or lands, to which the Order applies](9)

• [SCHEDULE 2

• [Specification of times or periods during which the offence is to apply]](10)

(1)

Identify, specifically or generally, the land in respect of which the Order applies.

(2)

Insert year in which Order is made.

(3)

Insert name of primary or secondary authority making the Order.

(4)

Insert date Order comes into force, being at least 14 days after making of the Order.

(5)

Specify whichever is the case.

(6)

Specify whichever of the options in square brackets is to apply.

(7)

If this is to be specified, insert maximum length of lead.

(8)

Specify whichever is the case.

(9)

Identify, either specifically or by description, the land to which the Order applies.

(10)

If applicable, include Schedule 2 specifying times or periods.