The Act Commentary on Sections Part 6: Dogs Chapter 1: Controls on Dogs
173.Prior to these provisions coming into force, local authorities and parish and town councils could make byelaws to control dogs on certain areas of land. Section 236 of the Local Government Act 1972 set out the byelaw-making process and required byelaws to be “confirmed” by the relevant authority before they could have effect. Dog byelaws for England were confirmed by the Secretary of State for Defra and in Wales by the National Assembly. Those committing an offence under a dog byelaw risked a fine of up to £500 in court.
174.This system was considered costly and complicated to administer, both for central and local government. The Act replaces the previous system of dog byelaws with a new system of “dog control orders”. This new system is modelled on the Dogs (Fouling of Land) Act 1996; this sets out an offence in the Act which can then be applied by local authorities by order in relation to designated land in their area.
175.Likewise, under the new system local authorities and parish councils are able to provide by order for offences to apply in designated land in their area. The offences are standard offences which will be prescribed in regulations; the prescribed offences include fouling by dogs (and therefore the Dogs (Fouling of Land) Act 1996 has been repealed). But the new system also allows for other types of dog-related offence relating to the keeping of dogs on leads in designated areas, the exclusion of dogs from such areas and the maximum number of dogs that one person may walk in such an area.
176.It is intended that the regulations provide “model” offences which may then be applied by a local authority or parish council to specified areas of land accessible to the public; but (where appropriate) local authorities and parish councils will also be given some flexibility in relation to certain details of the offences; for example, the model offence in relation to the number of dogs that may be walked by one person may leave it to the local authority or parish council to specify whatever number of dogs they deem appropriate in relation to the land where the offence is to apply. It is also intended that local authorities and parish councils are able to specify penalties applicable to offences, within constraints set by regulations.