Control of Dogs Act 1986

Provisions regarding certain offences.

28

28.— (1) Where a dog warden has reasonable grounds for believing that a person is committing or has committed an offence under F24 [ F25 [ paragraph (a) , (b) , (c) or (d) of section 27(1) of this Act ] or any offence under paragraph (f) of the said section 27 (1) that may be prescribed ], he may serve the person with a notice in the prescribed form stating that the person is alleged to have committed an offence and specifying the offence, and that the person may during the period of 21 days beginning on the date of the notice, make to the local authority specified in the notice a payment of the prescribed amount accompanied by the notice and that a prosecution in respect of the alleged offence will not be instituted during the period specified in the notice and, if the payment specified in the notice is made during that period, no prosecution in respect of the alleged offence will be instituted.

(2) Where notice is given under subsection (1) of this section—

( a) a person to whom the notice applies may, during the period specified in the notice, make to the local authority so specified the payment specified in the notice accompanied by the notice;

( b) the local authority specified in the notice may receive the payment, issue a receipt for it and retain the money so paid for disposal in accordance with this Act, and any payment so received shall not be recoverable in any circumstances by the person who made it;

( c) a prosecution in respect of the alleged offence shall not be instituted in the period specified in the notice, and, if the payment so specified is made during that period, no prosecution in respect of the alleged offence shall be instituted.

(3) In a prosecution for an offence F26 [ F27 [ paragraph (a) , (b) , (c) or (d) of section 27(1) of this Act ] or an offence under paragraph (f) of the said section 27 (1) prescribed under subsection (1) of this section ], the onus of proving that a payment pursuant to a notice under this section has been made shall lie on the defendant.

Annotations:

Amendments:

F24

Substituted (1.02.1999) by Control of Dogs (Amendment) Act 1992 (13/1992) s. 10(a), S.I. No. 443 of 1998.

F25

Substituted (10.07.2006) by Local Government Act 2001 (37/2001), s. 211(3), S.I. No. 361 of 2006.

F26

Substituted (1.02.1999) by Control of Dogs (Amendment) Act 1992 (13/1992), s. 10(b), S.I. No. 443 of 1998.

F27

Substituted (10.07.2006) by Local Government Act 2001 (37/2001), s. 211(3), S.I. No. 361 of 2006.

Editorial Notes:

E34

Power pursuant to section exercised (1.06.2013) by Control of Dogs (Amendment) Regulations 2013 (S.I. No. 156 of 2013), in effect as per reg. 2.

E34

Power pursuant to section exercised (1.02.1999) by Control of Dogs Regulations 1998 (S.I. No. 442 of 1998), in effect as per reg. 2.

E36

Previous affecting provision: power pursuant to section exercised (3.02.1987) by Control of Dogs Regulations 1987 (S.I. No. 30 of 1987); revoked (1.02.1999) by Control of Dogs Regulations 1998 (S.I. No. 442 of 1998), reg. 4 and sch. 1, in effect as per reg. 2.