Arrangement of Clauses (Contents)

London Local Authorities Bill—continued


 

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S C H E D U L E S

SCHEDULE 1

Section 4

PENALTY CHARGE PROVISIONS

PART 1

Littering

1A penalty charge is payable to a borough council for the purposes of section 61 of the Act of 2007 in respect of a person, if the person throws down, drops or otherwise deposits any litter in any place to which section 87 of the 1990 Act (offence of leaving litter) applies and leaves it.
2No penalty charge is payable in respect of a person under paragraph 1 where the depositing of the litter is—
(a)authorised by law;
(b)done by or with the consent of the owner, occupier or other person having control of the place where it was deposited;
(c)the subject of criminal proceedings;
(d)the subject of a fixed penalty notice issued under section 88 of the 1990 Act (fixed penalty notices for leaving litter).
3Section 87(4B) of the 1990 Act applies in relation to the giving of consent under subsection (2)(b) in the case of lakes, ponds and watercourses as it does in relation to the giving of such consent under section 87(4A)(b) of that Act.
4A penalty charge is payable to a borough council for the purposes of section 61 of the Act of 2007 by the person who deposited the litter in question.
5The person mentioned in paragraph 4 is the appropriate recipient for the purposes of the said section 61.
6For the purposes of section 62(1) of the Act of 2007 (representations and appeals) the grounds on which representations may be made against a penalty charge notice arising from a penalty charge payable by virtue of this Part of this Schedule are—
(a)that the recipient was not the person who deposited the litter in question;
(b)that no litter was deposited in any place to which section 87 of the 1990 Act applies and left;
(c)that any one or more of sub-paragraphs 2(a) to (d) applies;
(d)that the penalty charge exceeded the amount applicable in the circumstances of the case.
7Where the ground mentioned in sub-paragraph 6(a) is relied on in any representations made under the said section 62(1), those representations must include a statement of the name and address of the person who deposited the litter in question (if that information is in the recipient's possession).
8A person shall not be liable to prosecution for an offence under section 87 of the 1990 Act or liable to pay a fixed penalty under section 88 of that Act if, in relation to the conduct constituting the offence that person has paid a penalty charge under Part 4 of the Act of 2007.
9In this Part of this Schedule "the 1990 Act" means the Environmental Protection Act 1990 (c. 43).

PART 2

Dogs (Fouling of Land) Act 1996

10A penalty charge is payable to a borough council for the purposes of section 61 of the Act of 2007 in respect of a dog, if—
(a)the dog defecates at any time on designated land (within the meaning of section 2(1) of the 1996 Act); and
(b)the person who is in charge of the dog at that time fails to remove the faeces from the land forthwith.
11No penalty charge is payable in respect of a failure to remove faeces under paragraph 10 where—
(a)there is a reasonable excuse for the failure;
(b)the owner, occupier or other person or authority having control of the land has consented (generally or specifically) to the failure;
(c)the conduct constituting the failure is the subject of criminal proceedings;
(d)the subject of a fixed penalty notice issued under section 4 of the 1996 Act (fixed penalty notices).
12Nothing in this Part of this Schedule applies to a person—
(a)registered as a blind person in a register compiled under section 29 of the National Assistance Act 1948 (c. 29);
(b)who has a disability which affects his mobility, manual dexterity, physical co-ordination or ability to lift, carry or otherwise move everyday objects, in respect of a dog—
(i)trained by Dogs for the Disabled (registered charity number 700454), Support Dogs (registered charity number 1088281) or Canine Partners for Independence (registered charity number 803680); and
(ii)upon which he relies for assistance.
13Section 3(4) of the 1996 Act applies for the purposes of this Part of this Schedule as it applies for the purposes of section 3 of the 1996 Act.
14A penalty charge is payable to a borough council for the purposes of section 61 of the Act of 2007 by the person who was in charge of the dog at the time in question and failed to remove the faeces from the land.
15The person mentioned in paragraph 14 is the appropriate recipient for the purposes of the said section 61.
16For the purposes of section 62(1) of the Act of 2007 (representations and appeals) the grounds on which representations may be made against a penalty charge notice arising from a penalty charge payable by virtue of this Part of this Schedule are—
(a)that the recipient was not the person who was in charge of the dog at the time in question;
(b)that the dog in question did not defecate on designated land;
(c)that the recipient did not fail to remove the faeces from the land forthwith;
(d)that any one or more of sub-paragraphs 11(a) to (d) applies in respect of the failure in question;
(e)that the recipient, at the time of the alleged failure, fell within sub-paragraph 12(b)(i) or (ii);
(f)that the penalty charge exceeded the amount applicable in the circumstances of the case.
17Where the ground mentioned in sub-paragraph 16(a) is relied on in any representations made under the said section 62(1), those representations must include a statement of the name and address of the person who was in charge of the dog at the time in question (if that information is in the recipient's possession).
18A person shall not be liable to prosecution for an offence under section 3 of the 1996 Act or liable to pay a fixed penalty under section 4 of that Act if, in relation to the conduct constituting the offence that person has paid a penalty charge under Part 4 of the Act of 2007.
19In this Part of this Schedule "the 1996 Act" means the Dogs (Fouling of Land) Act 1996 (c. 20).

PART 3

Fouling of Land by Dogs Orders

20A penalty charge is payable to a borough council for the purposes of section 61 of the Act of 2007 in respect of a dog, if—
(a)the dog deposits faeces on land to which a Fouling of Land by Dogs Order applies; and
(b)the person who is in charge of the dog at that time fails to remove the faeces from the land at any time, or at any time during certain periods prescribed in the order.
21No penalty charge is payable in respect of a failure to remove faeces under paragraph 20 where—
(a)there is a reasonable excuse for the failure;
(b)the owner, occupier or other person or authority having control of the land has consented (generally or specifically) to the failure;
(c)the conduct constituting the failure is the subject of criminal proceedings;
(d)the subject of a fixed penalty notice issued under section 59 of the Clean Neighbourhoods and Environment Act 2005 (c. 16) (fixed penalty notices).
22Nothing in this Part of this Schedule applies to a person—
(a)registered as a blind person in a register compiled under section 29 of the National Assistance Act 1948 (c. 29);
(b)who has a disability which affects his mobility, manual dexterity, physical co-ordination or ability to lift, carry or otherwise move everyday objects, in respect of a dog—
(i)trained by Dogs for the Disabled (registered charity number 700454), Support Dogs (registered charity number 1088281) or Canine Partners for Independence (registered charity number 803680); and
(ii)upon which he relies for assistance.
23A penalty charge is payable to a borough council for the purposes of section 61 of the Act of 2007 by the person who was in charge of the dog at the time in question and failed to remove the faeces from the land.
24The person mentioned in paragraph 23 is the appropriate recipient for the purposes of the said section 61.
25For the purposes of section 62(1) of the Act of 2007 (representations and appeals) the grounds on which representations may be made against a penalty charge notice arising from a penalty charge payable by virtue of this Part of this Schedule are—
(a)that the recipient was not the person who was in charge of the dog at the time in question;
(b)that the dog in question did not deposit faeces on land to which a Fouling of Land by Dogs Order applied;
(c)that the recipient did not fail to remove the faeces from the land at any time, or at any time during certain periods prescribed in the order;
(d)that any one or more of sub-paragraphs 21(a) to (d) applies in respect of the failure in question;
(e)that the recipient, at the time of the alleged failure, fell within sub-paragraph 22(a) or (b);
(f)that the penalty charge exceeded the amount applicable in the circumstances of the case.
26Where the ground mentioned in sub-paragraph 25(a) is relied on in any representations made under the said section 62(1), those representations must include a statement of the name and address of the person who was in charge of the dog at the time in question (if that information is in the recipient's possession).
27A person shall not be liable to prosecution for an offence under paragraph 1 of Schedule 1 to the 2006 regulations or liable to pay a fixed penalty under section 59 of the Clean Neighbourhoods and Environment Act 2005 if, in relation to the conduct constituting the offence that person has paid a penalty charge under Part 4 of the Act of 2007.
28In this Part of this Schedule—

"the 2006 regulations" means the Dog Control Orders (Prescribed Offences and Penalties, etc.) Regulations 2006 (S.I. 2006/1059) as may be modified or replaced;

"Fouling of Land by Dogs Order" means an order of that description under Schedule 1 to the 2006 regulations.

PART 4

Dogs on Leads Orders

29A penalty charge is payable to a borough council for the purposes of section 61 of the Act of 2007 in respect of a dog if, on land to which a Dogs on Leads Order applies, a dog is not kept on a lead or on a lead of a maximum length prescribed in the order, during such times or periods as may be so prescribed.
30No penalty charge is payable in respect of a failure to keep a dog on a lead under paragraph 29 where—
(a)there is a reasonable excuse for the failure;
(b)the owner, occupier or other person or authority having control of the land has consented (generally or specifically) to the failure;
(c)the conduct constituting the failure is the subject of criminal proceedings;
(d)the subject of a fixed penalty notice issued under section 59 of the Clean Neighbourhoods and Environment Act 2005 (c. 16) (fixed penalty notices).
31A penalty charge is payable to a borough council for the purposes of section 61 of the Act of 2007 by the person who was in charge of the dog at the time in question and failed to keep the dog on the lead.
32The person mentioned in paragraph 31 is the appropriate recipient for the purposes of the said section 61.
33For the purposes of section 62(1) of the Act of 2007 (representations and appeals) the grounds on which representations may be made against a penalty charge notice arising from a penalty charge payable by virtue of this Part of this Schedule are—
(a)that the recipient was not the person who was in charge of the dog at the time in question;
(b)that the dog in question was not on land to which a Dogs on Leads Order applied;
(c)that the recipient did not fail to keep the dog on a lead or on a lead of a maximum length prescribed in the order, as the case may be during such times or periods as were prescribed by the order;
(d)that any one or more of sub-paragraphs 30(a) to (d) applies in respect of the failure in question;
(e)that the penalty charge exceeded the amount applicable in the circumstances of the case.
34Where the ground mentioned in sub-paragraph 33(a) is relied on in any representations made under the said section 62(1), those representations must include a statement of the name and address of the person who was in charge of the dog at the time in question (if that information is in the recipient's possession).
35A person shall not be liable to prosecution for an offence under paragraph 1 of Schedule 2 to the 2006 regulations or liable to pay a fixed penalty under section 59 of the Clean Neighbourhoods and Environment Act 2005 if, in relation to the conduct constituting the offence that person has paid a penalty charge under Part 4 of the Act of 2007.
36In this Part of this Schedule—

"the 2006 regulations" has the same meaning as in Part 3 of this Schedule;

"Dogs on Leads Order" means an order of that description under Schedule 2 to the 2006 regulations.

PART 5

Dogs on Leads by Direction Orders

37A penalty charge is payable to a borough council for the purposes of section 61 of the Act of 2007 in respect of a dog if, on land to which a Dogs on Leads by Direction Order applies, a dog is not put and thereafter kept on a lead or on a lead of a maximum length prescribed in the order, during such times or periods as may be so prescribed, when directed to do so by an authorised officer of a borough council.
38No penalty charge is payable in respect of a failure to keep a dog on a lead under paragraph 37 where—
(a)there is a reasonable excuse for the failure;
(b)the owner, occupier or other person or authority having control of the land has consented (generally or specifically) to the failure;
(c)the conduct constituting the failure is the subject of criminal proceedings;
(d)the subject of a fixed penalty notice issued under section 59 of the Clean Neighbourhoods and Environment Act 2005 (c. 16) (fixed penalty notices).
39A penalty charge is payable to a borough council for the purposes of section 61 of the Act of 2007 by the person who was in charge of the dog at the time in question and failed to put or keep the dog on the lead.
40The person mentioned in paragraph 39 is the appropriate recipient for the purposes of the said section 61.
41For the purposes of section 62(1) of the Act of 2007 (representations and appeals) the grounds on which representations may be made against a penalty charge notice arising from a penalty charge payable by virtue of this Part of this Schedule are—
(a)that the recipient was not the person who was in charge of the dog at the time in question;
(b)that the dog in question was not on land to which a Dogs on Leads by Direction Order applied;
(c)that the recipient did not fail to put or keep the dog on a lead or on a lead of a maximum length prescribed in the order, as the case may be during such times or periods as were prescribed by the order;
(d)that any one or more of sub-paragraphs 38(a) to (d) applies in respect of the failure in question;
(e)that the penalty charge exceeded the amount applicable in the circumstances of the case.
42Where the ground mentioned in sub-paragraph 41(a) is relied on in any representations made under the said section 62(1), those representations must include a statement of the name and address of the person who was in charge of the dog at the time in question (if that information is in the recipient's possession).
43A person shall not be liable to prosecution for an offence under paragraph 1 of Schedule 3 to the 2006 regulations or liable to pay a fixed penalty under section 59 of the Clean Neighbourhoods and Environment Act 2005 if, in relation to the conduct constituting the offence that person has paid a penalty charge under Part 4 of the Act of 2007.
44In this Part of this Schedule—

"the 2006 regulations" has the same meaning as in Part 3 of this Schedule;

"Dogs on Leads by Direction Order" means an order of that description under Schedule 3 to the 2006 regulations.

PART 6

Dogs Exclusion Orders

45A penalty charge is payable to a borough council for the purposes of section 61 of the Act of 2007 in respect of a dog if the dog is taken onto or permitted to enter or remain on land to which a Dogs Exclusion Order applies during such times or periods as may be specified in the order.
46No penalty charge is payable in respect of a failure to keep a dog on a lead under paragraph 45 where—
(a)there is a reasonable excuse for taking the dog onto or permitting it to remain on the land;
(b)the owner, occupier or other person or authority having control of the land has consented (generally or specifically) to the person in question doing so;
(c)the conduct in question is the subject of criminal proceedings;
(d)the subject of a fixed penalty notice issued under section 59 of the Clean Neighbourhoods and Environment Act 2005 (c. 16) (fixed penalty notices).
47A penalty charge is payable to a borough council for the purposes of section 61 of the Act of 2007 by the person who was in charge of the dog at the time in question.
48The person mentioned in paragraph 47 is the appropriate recipient for the purposes of the said section 61.
49For the purposes of section 62(1) of the Act of 2007 (representations and appeals) the grounds on which representations may be made against a penalty charge notice arising from a penalty charge payable by virtue of this Part of this Schedule are—
(a)that the recipient was not the person who was in charge of the dog at the time in question;
(b)that the dog in question was not on land to which a Dogs Exclusion Order applied;
(c)that any one or more of sub-paragraphs 46(a) to (d) applies in respect of the incident in question;
(d)that the penalty charge exceeded the amount applicable in the circumstances of the case.
50Where the ground mentioned in sub-paragraph 49(a) is relied on in any representations made under the said section 62(1), those representations must include a statement of the name and address of the person who was in charge of the dog at the time in question (if that information is in the recipient's possession).
51A person shall not be liable to prosecution for an offence under paragraph 1 of Schedule 4 to the 2006 regulations or liable to pay a fixed penalty under section 59 of the Clean Neighbourhoods and Environment Act 2005 if, in relation to the conduct constituting the offence that person has paid a penalty charge under Part 4 of the Act of 2007.
52In this Part of this Schedule—

"the 2006 regulations" has the same meaning as in Part 3 of this Schedule;

"Dogs Exclusion Order" means an order of that description under Schedule 4 to the 2006 regulations.

PART 7

Dogs (Specified Maximum) Orders

53A penalty charge is payable to a borough council for the purposes of section 61 of the Act of 2007 if a person being in charge of more than one dog takes more than the maximum number of dogs specified in a Dogs (Specified Maximum) Order onto land to which the order applies.
54No penalty charge is payable in respect of the taking of dogs onto land under paragraph 53 where—
(a)there is a reasonable excuse for taking more than the specified number of dogs onto the land;
(b)the owner, occupier or other person or authority having control of the land has consented (generally or specifically) to the person in question doing so;
(c)the conduct in question is the subject of criminal proceedings;
(d)the subject of a fixed penalty notice issued under section 59 of the Clean Neighbourhoods and Environment Act 2005 (c. 16) (fixed penalty notices).
55A penalty charge is payable to a borough council for the purposes of section 61 of the Act of 2007 by the person who was in charge of the dogs at the time in question.
56The person mentioned in paragraph 55 is the appropriate recipient for the purposes of the said section 61.
57For the purposes of section 62(1) of the Act of 2007 (representations and appeals) the grounds on which representations may be made against a penalty charge notice arising from a penalty charge payable by virtue of this Part of this Schedule are—
(a)that the recipient was not the person who was in charge of the dogs at the time in question;
(b)that the dogs in question were not on land to which a Dogs (Specified Maximum) Order applied;
(c)that the number of dogs in respect of which the recipient was in charge was fewer than the maximum number of dogs specified in the order;
(d)that the recipient was in charge of the dogs on the land at a time or during a period other than such times or periods as were prescribed by the order;
(e)that any one or more of sub-paragraphs 54(a) to (d) applies in respect of the incident in question;
(f)that the penalty charge exceeded the amount applicable in the circumstances of the case.
58Where the ground mentioned in sub-paragraph 57(a) is relied on in any representations made under the said section 62(1), those representations must include a statement of the name and address of the person who was in charge of the dogs at the time in question (if that information is in the recipient's possession).
59A person shall not be liable to prosecution for an offence under paragraph 1 of Schedule 5 to the 2006 regulations or liable to pay a fixed penalty under section 59 of the Clean Neighbourhoods and Environment Act 2005 if, in relation to the conduct constituting the offence that person has paid a penalty charge under Part 4 of the Act of 2007.
60In this Part of this Schedule—

"the 2006 regulations" has the same meaning as in Part 3 of this Schedule;

"Dogs (Specified Maximum) Order" means an order of that description under Schedule 5 to the 2006 regulations.

PART 8

Control of Dogs on Roads

61A penalty charge is payable to a borough council for the purposes of section 61 of the Act of 2007 in respect of a person, if that person causes or permits a dog to be on a designated road without the dog being held on a lead.
62No penalty charge is payable where—
(a)no permission is required by virtue of a limitation or exception to which the designation order in question is subject;
(b)the dog is kept for driving or tending sheep or cattle in the course of a trade or business; or
(c)the dog was at the material time in use under proper control for sporting purposes.
63A penalty charge is payable to a borough council for the purposes of section 61 of the Act of 2007 by the person who caused or permitted the dog to be on the designated road without the dog being held on a lead.
64The person mentioned in paragraph 63 is the appropriate recipient for the purposes of the said section 61.
65For the purposes of section 62(1) of the Act of 2007 (representations and appeals) the grounds on which representations may be made against a penalty charge notice arising from a penalty charge payable by virtue of this Part are—
(a)that the recipient was not the person who caused or permitted the dog to be on the designated road without the dog being held on a lead;
(b)that the dog in question was not on a designated road without being held on a lead;
(c)that the recipient did not fail to remove the faeces from the land at any time, or at any time during certain periods prescribed in the order;
(d)that any one or more of sub-paragraphs 62(a) to (c) applied in respect of the incident in question;
(e)that the penalty charge exceeded the amount applicable in the circumstances of the case.
66Where the ground mentioned in sub-paragraph 65(a) is relied on in any representations made under the said section 62(1), those representations must include a statement of the name and address of the person who caused or permitted the dog to be on the designated road without the dog being held on a lead (if that information is in the recipient's possession).
67A person shall not be liable to prosecution for an offence under section 27(1) of the Road Traffic Act 1988 (c. 52) (control of dogs on roads) if, in relation to the conduct constituting the offence that person has paid a penalty charge under Part 4 of the Act of 2007.
68In this Part of this Schedule—

"designated road" means a length of road specified by a designation order;

"designation order" means an order of a borough council under section 27(2) of the Road Traffic Act 1988.

 

 
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Prepared 4 December 2007