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The Anti-social Behaviour, Crime and Policing Act 2014 Section 59

Manchester City Council (Dog Exclusion) Public Spaces Protection Order 2019

Manchester City Council (in this Order called "the Council") in exercise of its powers under Section 61(1)(a) of the Anti-social Behaviour, Crime and Policing Act 2014 ("the Act ") hereby varies the above Order:

The Order is varied on the XXXX and shall have effect for a period of 3 years thereafter, unless extended by further orders under the Council's statutory powers.

General provisions:

1. This Order applies to all land in the Restricted Area to which the public or any section of the public has access, on payment or otherwise, as of right or by virtue of express or implied permission.
2. The Council is satisfied that both of the conditions set out in Section 59 of the Act are satisfied, because the activity, identified in Article 5 of this Order, which is carried on in a public place ("the Restricted Area") has a detrimental effect on the quality of life of those in the locality and this effect is or is likely to be of a persistent or continuing nature, such as to make the activity unreasonable and justifies the restrictions imposed by this Order.
3. The Order is available for inspection on the Council's website and also at the offices of the Customer Services Centre, Ground Floor, Town Hall Extension, Manchester M60 2LA
4. If any interested person desires to question the validity of this Order on the grounds that the Council had no power to make it or that any requirement of the Act has not been complied with in relation to this Order, he or she may apply to the High Court within six weeks from the date on which this Order is made

Obligations on persons with dogs:

Exclusion

5.     A person in charge of a dog must not take it onto or permit the dog to enter or to remain on, any land specified in the Schedule to this Order unless -

• (a)    he has reasonable excuse for failing to do so; or
• (b)    the owner, occupier or other person or authority having control of the land has consented (generally or specifically) to his failing to do so.

Exemptions

Nothing in this Order shall apply to a disabled person (within the meaning of the Equality Act 2010) whose disability restricts his ability to comply with the Order and the dog is their guide dog or assistance dog.

For the purpose of this Order:

• (a)    Restricted Area means the land designated in the Schedule to this Order
• (b)    A person who habitually has a dog in his possession shall be taken to be in charge of the dog at any time unless at that time some other person is in charge of the dog
• (c)    An assistance dog, in general, is one that is trained to aid or assist a disabled person
• (d)    When in use means when a sports pitch or facility is being used for an organised and pre-arranged match or practice session by persons who are entitled to organise or participate in such matches or practice sessions

Penalty

A person who fails to comply with any obligation imposed by this Order is guilty of an offence and liable to a fine on summary conviction not exceeding level 3 on the standard scale.
 
THE COMMON SEAL OF THE COUNCIL OF THE CITY OF MANCHESTER was hereunto affixed in the pursuance of an order of the Council of the said City:-

Authorised signatory
Dated this XX day of XXXX 

Schedule

The land listed below, all being open to the air and to which the public are entitled or permitted to have access (with or without payment).