Dog Fouling law

Scrappy Doo made this Freedom of Information request to Wirral Metropolitan Borough Council

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Dear Wirral Metropolitan Borough Council,

Please confirm the act of parliament enforced for dog fouling in the area of Vale Park New Brighton. Is it the 1996 dog fouling act? or has this been superceded by a more recent law such as a designated Dog control area ?

Yours faithfully,

Scrappy Doo.

InfoMgr, FinDMT, Wirral Metropolitan Borough Council

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Yours sincerely,

 

 

Tracy O'Hare

Information Management Officer

Business Services - Digital

Treasury Building

Cleveland Street
Birkenhead
Wirral
CH41 6BL

[1]Tel:0151 691 8397

[2][Wirral Borough Council request email]

 

 

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show quoted sections

Dear InfoMgr, FinDMT,

Dear Wirral Metropolitan Borough Council,

Please confirm the act of parliament enforced for dog fouling in the area of Vale Park New Brighton. Is it the 1996 dog fouling act? or has this been superceded by a more recent law such as a designated Dog control area ?

Yours faithfully,

G.Atherton.

Dear InfoMgr, FinDMT,

My name is as below.

Yours sincerely,

G.Atherton.

InfoMgr, FinDMT, Wirral Metropolitan Borough Council

1 Attachment

Dear Mr Atherton

 

Thank you for your Freedom of Information request in which you asked:

 

“Please confirm the act of parliament enforced for dog fouling in the area
of Vale Park New Brighton. Is it the 1996 dog fouling act? or has this
been superceded by a more recent law such as a designated Dog control area
?”

 

Wirral Council can advise that the legal position in relation to the
issuing of fixed penalty notices is convoluted. The Dogs (Fouling of Land)
Act 1996 (“the 1996 Act”) gave local authorities the opportunity to
designate land in their areas for the enforcement of an offence related to
dog fouling.

 

In 1998 Wirral Council designated land in Wirral for this purpose. The
Clean Neighbourhoods and Environment Act 2005 (“the 2005 Act”) brought in
new dog related provisions (such as Dog Control Orders) and repealed the
1996 Act but the statutory instrument accompanying the commencement of the
2005 Act (Clean Neighbourhoods and Environment Act (Commencement No1,
Transitional and Savings Provisions)(England) Order 20016/795) allowed for
existing areas designated under the 1996 Act to continue to have effect so
long as the areas which they designated were affected by a Dog Control
Order. Wirral Council did not introduce any Dog Control Orders.

 

This was the case until the Anti-Social Behaviour, Crime and Policing Act
2014 which repealed much of the dog related provisions of the 2005 Act. It
did not, however, repeal the statutory instrument to the 2005 Act referred
to above. Consequently, whilst the 1996 Act is still repealed, the ability
to issue fixed penalties remains available to enforce dog fouling offences
on land that has been designated by the Council.

 

We hope this answers your enquiry.

 

Yours sincerely

 

 

Lynette Paterson

Senior Information Management Officer

Business Services - Digital

 

Treasury Building

Cleveland Street
Birkenhead
Wirral
CH41 6BL

[1]Tel: 0151 691 8201

[2][Wirral Borough Council request email]

 

 

[3]LGC Awards15_Winner_MIP

 

 

This information supplied to you is copyrighted and continues to be
protected by the Copyright, Designs and Patents Act 1988.   You are free
to use it for your own purposes, including any non commercial research you
are doing and for the purposes of news reporting. Any other reuse, for
example commercial publication, would require our specific permission, may
involve licensing and the application of a charge

 

 

 

 

 

 

show quoted sections

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