LegalizeReform history
Animals (Penalty Notices) Act 2022
3 versions
· 2022-04-28
2024-01-01
Animals (Penalty Notices) Act 2022
2022-06-28
Animals (Penalty Notices) Act 2022
Changes on 2022-06-28
@@ -8,7 +8,7 @@
- (1) Where an enforcement authority for a relevant offence is satisfied beyond reasonable doubt that a person has committed the offence in England, the authority may issue a fixed penalty notice under this section to the person.
- (2) In this Act “*relevant offence*” means an offence within [subsection (3)](https://www.legislation.gov.uk/ukpga/2022/19/section/1/3/enacted) that is specified by regulations made by the Secretary of State.
- (2) In this Act “*relevant offence*” means an offence within [subsection (3)](https://www.legislation.gov.uk/ukpga/2022/19/section/1/3/2022-06-28) that is specified by regulations made by the Secretary of State.
- (3) The offences within this subsection are—
@@ -40,13 +40,13 @@
##### 2
- (1) Where a constable is satisfied beyond reasonable doubt that a person has committed a specified dangerous dogs offence in England or Wales, the constable may issue a fixed penalty notice under [this section](https://www.legislation.gov.uk/ukpga/2022/19/section/2/enacted) to the person.
- (2) In [this section](https://www.legislation.gov.uk/ukpga/2022/19/section/2/enacted) “*specified dangerous dogs offence*” means an offence within [subsection (3)](https://www.legislation.gov.uk/ukpga/2022/19/section/2/3/enacted) that is specified by regulations made by the Secretary of State.
- (3) The offences within [this subsection](https://www.legislation.gov.uk/ukpga/2022/19/section/2/3/enacted) are offences under sections 1, 3 and 4(8) of the Dangerous Dogs Act 1991.
- (4) A fixed penalty notice issued under [this section](https://www.legislation.gov.uk/ukpga/2022/19/section/2/enacted) may be withdrawn at any time by the constable that issued it or another constable in the same police force.
- (1) Where a constable is satisfied beyond reasonable doubt that a person has committed a specified dangerous dogs offence in England or Wales, the constable may issue a fixed penalty notice under [this section](https://www.legislation.gov.uk/ukpga/2022/19/section/2/2022-06-28) to the person.
- (2) In [this section](https://www.legislation.gov.uk/ukpga/2022/19/section/2/2022-06-28) “*specified dangerous dogs offence*” means an offence within [subsection (3)](https://www.legislation.gov.uk/ukpga/2022/19/section/2/3/2022-06-28) that is specified by regulations made by the Secretary of State.
- (3) The offences within [this subsection](https://www.legislation.gov.uk/ukpga/2022/19/section/2/3/2022-06-28) are offences under sections 1, 3 and 4(8) of the Dangerous Dogs Act 1991.
- (4) A fixed penalty notice issued under [this section](https://www.legislation.gov.uk/ukpga/2022/19/section/2/2022-06-28) may be withdrawn at any time by the constable that issued it or another constable in the same police force.
#### Content and effect of notices
@@ -68,7 +68,7 @@
- (a) that the person issuing the notice is satisfied that the person has committed the offence, and why,
- (b) the effect of [subsection (6)](https://www.legislation.gov.uk/ukpga/2022/19/section/3/6/enacted), and
- (b) the effect of [subsection (6)](https://www.legislation.gov.uk/ukpga/2022/19/section/3/6/2022-06-28), and
- (c) when and how payment may be made.
@@ -88,7 +88,7 @@
##### 4
- (1) An enforcement authority for a relevant offence or a constable must take into account the matters mentioned in [subsection (2)](https://www.legislation.gov.uk/ukpga/2022/19/section/4/2/enacted) in deciding—
- (1) An enforcement authority for a relevant offence or a constable must take into account the matters mentioned in [subsection (2)](https://www.legislation.gov.uk/ukpga/2022/19/section/4/2/2022-06-28) in deciding—
- (a) whether to issue a fixed penalty notice to a person under section 1 or 2, and
@@ -118,7 +118,7 @@
- (b) additional matters to be taken into account in deciding the amount to be specified in the notice;
- (c) how the matters mentioned in [subsection (2)](https://www.legislation.gov.uk/ukpga/2022/19/section/4/2/enacted) and any additional matters of the kind mentioned in [paragraph (a)](https://www.legislation.gov.uk/ukpga/2022/19/section/4/3/a/enacted) or [(b)](https://www.legislation.gov.uk/ukpga/2022/19/section/4/3/b/enacted) are to be taken into account.
- (c) how the matters mentioned in [subsection (2)](https://www.legislation.gov.uk/ukpga/2022/19/section/4/2/2022-06-28) and any additional matters of the kind mentioned in [paragraph (a)](https://www.legislation.gov.uk/ukpga/2022/19/section/4/3/a/2022-06-28) or [(b)](https://www.legislation.gov.uk/ukpga/2022/19/section/4/3/b/2022-06-28) are to be taken into account.
- (4) The guidance must be laid before Parliament after it is given.
@@ -128,11 +128,11 @@
##### 5
- (1) Sums received by enforcement authorities for relevant offences or chief officers of police for police forces pursuant to fixed penalty notices issued under [section 1](https://www.legislation.gov.uk/ukpga/2022/19/section/1/enacted) or [2](https://www.legislation.gov.uk/ukpga/2022/19/section/2/enacted) must be paid into the Consolidated Fund.
- (1) Sums received by enforcement authorities for relevant offences or chief officers of police for police forces pursuant to fixed penalty notices issued under [section 1](https://www.legislation.gov.uk/ukpga/2022/19/section/1/2022-06-28) or [2](https://www.legislation.gov.uk/ukpga/2022/19/section/2/2022-06-28) must be paid into the Consolidated Fund.
- (2) But before paying such sums into the Consolidated Fund an enforcement authority for one or more relevant offences or chief officer of police for a police force may deduct—
- (a) the costs of investigating offences to which fixed penalty notices issued under [section 1](https://www.legislation.gov.uk/ukpga/2022/19/section/1/enacted) or [2](https://www.legislation.gov.uk/ukpga/2022/19/section/2/enacted) by the authority, or by constables in the police force in question, relate, and
- (a) the costs of investigating offences to which fixed penalty notices issued under [section 1](https://www.legislation.gov.uk/ukpga/2022/19/section/1/2022-06-28) or [2](https://www.legislation.gov.uk/ukpga/2022/19/section/2/2022-06-28) by the authority, or by constables in the police force in question, relate, and
- (b) the costs of issuing the notices.
@@ -144,7 +144,7 @@
- (1) As soon as reasonably practicable after the end of each financial year an enforcement authority for one or more relevant offences (other than the Secretary of State) or the chief officer of police for a police force must give to the Secretary of State a report containing the following information in relation to that year—
- (a) the number of fixed penalty notices issued under [section 1](https://www.legislation.gov.uk/ukpga/2022/19/section/1/enacted) or [2](https://www.legislation.gov.uk/ukpga/2022/19/section/2/enacted) by the authority or by constables in the police force in question;
- (a) the number of fixed penalty notices issued under [section 1](https://www.legislation.gov.uk/ukpga/2022/19/section/1/2022-06-28) or [2](https://www.legislation.gov.uk/ukpga/2022/19/section/2/2022-06-28) by the authority or by constables in the police force in question;
- (b) the amounts specified in the notices;
@@ -152,9 +152,9 @@
- (2) The Secretary of State must produce and publish a report for each financial year containing—
- (a) the information provided to the Secretary of State under [subsection (1)](https://www.legislation.gov.uk/ukpga/2022/19/section/6/1/enacted), and
- (b) in relation to fixed penalty notices issued under [section 1](https://www.legislation.gov.uk/ukpga/2022/19/section/1/enacted) by the Secretary of State during that year, information about—
- (a) the information provided to the Secretary of State under [subsection (1)](https://www.legislation.gov.uk/ukpga/2022/19/section/6/1/2022-06-28), and
- (b) in relation to fixed penalty notices issued under [section 1](https://www.legislation.gov.uk/ukpga/2022/19/section/1/2022-06-28) by the Secretary of State during that year, information about—
- (i) the number of fixed penalty notices issued;
@@ -162,9 +162,9 @@
- (iii) the offences to which the notices relate.
- (3) In [this section](https://www.legislation.gov.uk/ukpga/2022/19/section/6/enacted) “*financial year*” means—
- (a) the period beginning with the day on which [this section](https://www.legislation.gov.uk/ukpga/2022/19/section/6/enacted) comes into force and ending with the following 31 March, and
- (3) In [this section](https://www.legislation.gov.uk/ukpga/2022/19/section/6/2022-06-28) “*financial year*” means—
- (a) the period beginning with the day on which [this section](https://www.legislation.gov.uk/ukpga/2022/19/section/6/2022-06-28) comes into force and ending with the following 31 March, and
- (b) each successive period of 12 months.
@@ -172,11 +172,11 @@
##### 7
- (1) Regulations under [section 1](https://www.legislation.gov.uk/ukpga/2022/19/section/1/enacted) or [2](https://www.legislation.gov.uk/ukpga/2022/19/section/2/enacted) may contain transitional provision.
- (2) Regulations under [section 1](https://www.legislation.gov.uk/ukpga/2022/19/section/1/enacted) or [2](https://www.legislation.gov.uk/ukpga/2022/19/section/2/enacted) are to be made by statutory instrument.
- (3) A statutory instrument containing regulations under [section 1](https://www.legislation.gov.uk/ukpga/2022/19/section/1/enacted) or [2](https://www.legislation.gov.uk/ukpga/2022/19/section/2/enacted) is subject to annulment in pursuance of a resolution of either House of Parliament.
- (1) Regulations under [section 1](https://www.legislation.gov.uk/ukpga/2022/19/section/1/2022-06-28) or [2](https://www.legislation.gov.uk/ukpga/2022/19/section/2/2022-06-28) may contain transitional provision.
- (2) Regulations under [section 1](https://www.legislation.gov.uk/ukpga/2022/19/section/1/2022-06-28) or [2](https://www.legislation.gov.uk/ukpga/2022/19/section/2/2022-06-28) are to be made by statutory instrument.
- (3) A statutory instrument containing regulations under [section 1](https://www.legislation.gov.uk/ukpga/2022/19/section/1/2022-06-28) or [2](https://www.legislation.gov.uk/ukpga/2022/19/section/2/2022-06-28) is subject to annulment in pursuance of a resolution of either House of Parliament.
#### Interpretation
@@ -184,11 +184,11 @@
In this Act—
- “*enforcement authority*”, for a relevant offence, has the meaning given by [section 1](https://www.legislation.gov.uk/ukpga/2022/19/section/1/enacted)[(4)](https://www.legislation.gov.uk/ukpga/2022/19/section/1/4/enacted);
- “*enforcement authority*”, for a relevant offence, has the meaning given by [section 1](https://www.legislation.gov.uk/ukpga/2022/19/section/1/2022-06-28)[(4)](https://www.legislation.gov.uk/ukpga/2022/19/section/1/4/2022-06-28);
- “*local authority*” means— a district council or county council in England, a London borough council, the Common Council of the City of London, or the Council of the Isles of Scilly;
- “*relevant offence*” has the meaning given by [section 1](https://www.legislation.gov.uk/ukpga/2022/19/section/1/enacted)[(2)](https://www.legislation.gov.uk/ukpga/2022/19/section/1/2/enacted).
- “*relevant offence*” has the meaning given by [section 1](https://www.legislation.gov.uk/ukpga/2022/19/section/1/2022-06-28)[(2)](https://www.legislation.gov.uk/ukpga/2022/19/section/1/2/2022-06-28).
#### Extent, commencement and short title
@@ -196,7 +196,7 @@
- (1) This Act extends to England and Wales only.
- (2) [Sections 1](https://www.legislation.gov.uk/ukpga/2022/19/section/1/enacted)[(2)](https://www.legislation.gov.uk/ukpga/2022/19/section/1/2/enacted) to (5), [2](https://www.legislation.gov.uk/ukpga/2022/19/section/2/enacted)[(2)](https://www.legislation.gov.uk/ukpga/2022/19/section/2/2/enacted) and (3), [4](https://www.legislation.gov.uk/ukpga/2022/19/section/4/enacted)[(3)](https://www.legislation.gov.uk/ukpga/2022/19/section/4/3/enacted) and [(4)](https://www.legislation.gov.uk/ukpga/2022/19/section/4/4/enacted), [7](https://www.legislation.gov.uk/ukpga/2022/19/section/7/enacted) and [8](https://www.legislation.gov.uk/ukpga/2022/19/section/8/enacted) and [this section](https://www.legislation.gov.uk/ukpga/2022/19/section/9/enacted) come into force at the end of the period of two months beginning with the day on which this Act is passed.
- (2) [Sections 1](https://www.legislation.gov.uk/ukpga/2022/19/section/1/2022-06-28)[(2)](https://www.legislation.gov.uk/ukpga/2022/19/section/1/2/2022-06-28) to (5), [2](https://www.legislation.gov.uk/ukpga/2022/19/section/2/2022-06-28)[(2)](https://www.legislation.gov.uk/ukpga/2022/19/section/2/2/2022-06-28) and (3), [4](https://www.legislation.gov.uk/ukpga/2022/19/section/4/2022-06-28)[(3)](https://www.legislation.gov.uk/ukpga/2022/19/section/4/3/2022-06-28) and [(4)](https://www.legislation.gov.uk/ukpga/2022/19/section/4/4/2022-06-28), [7](https://www.legislation.gov.uk/ukpga/2022/19/section/7/2022-06-28) and [8](https://www.legislation.gov.uk/ukpga/2022/19/section/8/2022-06-28) and [this section](https://www.legislation.gov.uk/ukpga/2022/19/section/9/2022-06-28) come into force at the end of the period of two months beginning with the day on which this Act is passed.
- (3) The other provisions of this Act come into force on such day or days as the Secretary of State may by regulations made by statutory instrument appoint.
2022-04-28
Animals (Penalty Notices) Act 2022
original version
Text at this date