Local authority enforcement of dog orders - EPA 1990 s.151
EPA 1990 s.151 allows local authority officers to enforce dog control orders instead of police, and defines terms by reference to EPA 1990 s.149.
Section 13 of the Animal Health Act 1981 (orders for control, etc. of dogs) shall be amended by the insertion, after subsection (2), of the following subsections— An order under subsection (2)(a) above may include provision for the execution and enforcement of the order by the officers of local authorities (and not by the police force for any area). In subsection (3) above “ local authority ” and “ officer ” have the same meaning as in section 149 of the Environmental Protection Act 1990. In section 50(1) of that Act (meaning of “local authority”) at the end there shall be inserted the words “and to section 13(3) above”. In section 60(1) of that Act (enforcement), at the end, there shall be inserted the words “but subject, in the case of orders under section 13, to any provision made under subsection (3) of that section.”
Text in force at .
Source: legislation.gov.uk — The National Archives (legislation.gov.uk), reproduced under licence Open Government Licence v3.0.
What it actually says
This provision amends the Animal Health Act 1981. It allows an order made under section 13(2)(a) of that Act (orders for control of dogs) to include a provision that the order will be enforced by officers of local authorities rather than by the police. It also defines what "local authority" and "officer" mean for this purpose by referring to section 149 of the EPA 1990. Finally, it inserts references to the new subsection (3) into sections 50(1) and 60(1) of the Animal Health Act 1981, so that the definitions and enforcement provisions align.
When it applies
- A local authority makes an order requiring dogs to be kept on leads in a public park, and the order states that it will be enforced by council dog wardens instead of police.
- A dog owner is challenged by a local authority officer for not having a collar on their dog, and the officer relies on an order made under section 13(2)(a) that designates them as the enforcer.
- A council officer issues a fixed penalty notice for a breach of a dog control order, and the person disputes the officer's authority to do so.
What this section does not say
- It does not give local authorities the power to make dog control orders in the first place; that power remains under the Animal Health Act 1981.
- It does not apply to stray dogs; those are dealt with under sections 149 and 150 of EPA 1990.
- It does not set penalties for breaching dog control orders; those are set elsewhere in the Animal Health Act 1981.
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This page reproduces the text of EPA 1990 s. 151 in force at the date shown and explains it in general terms. It is not legal advice and takes no account of the circumstances of your case, which can change the answer completely. For a live dispute, for limitation periods, and before taking any step in court, consult a qualified lawyer in England and Wales.