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From 1st February 2024 it became a criminal offence to own an XL Bully type dog in England and Wales unless your dog has a Certificate of Exemption.

XL Bully Information for Scotland see here

5th February 2024

XL Bully Advice Update – England and Wales:

The Defra website online portal is now closed for owner-led exemption applications, it closed at Noon on Wednesday 31st January, and we haven't seen any indication of it being re-opened.

It is now illegal to own an XL Bully type dog unless it has a valid certificate of exemption in place and the conditions of exemption are being followed.

The Government website has advised owners to contact the police if they think they have an XL Bully and did not apply for exemption, some owners have done that expecting the police to be able to issue owner-led exemption certificates, something which they cannot themselves do.

To now get your dog exempted – there is a way forward – your dog can be ordered to be exempted by a court - you have to go through a court process to do that, which will involve the local police; a police dog legislation officer (DLO).

Following assessment by the police your dog may be found not to be a prohibited type of dog - then no further action would be necessary, with your dog being returned as not 'type' if it had been seized.

The Police do NOT have the powers to destroy your dog without a court order unless the owner signs a disclaimer - this gives up ownership of the dog.

If the police do suspect your dog is a banned type, then your dog can be seized and taken to police appointed dog kennels – if this happens, remain calm and DO NOT SIGN anything, do not sign a disclaimer, do not panic.

DO NOT SIGN OVER YOUR DOG - GET LEGAL ADVICE AND SUPPORT BEFORE YOU DECIDE WHAT TO DO 

Ask for the name and contact information of the police officer seizing your dog, seek legal advice immediately, there are several solicitors who are experienced in dog law, and contact us for free advice, there are also a number of other experienced support groups online, make sure to reach out to get support.

If your dog is held in kennels, as a prohibited type, you can ask the police if they will consider releasing your dog home under the Interim Exemption Scheme (IES) – ‘dog bail’ – introduced in 2015, this enables a dog to be released to the owner, with conditions attached (one being that the dog is neutered) pending on the outcome of the court hearing. This power MAY be exercised if the police are satisfied that the dog does not constitute a danger to public safety, but the police do not have to use it, if not used your dog will be held in kennels pending a court outcome.

Owners do not have access to their dog whilst held in kennels.

If suspected to be a banned type - a case goes to the magistrates’ court, a case can proceed via two different routes-a criminal case or civil proceedings under what is called a section 4B application.

Type can be disputed at court by the owner.

The court hears the evidence and then makes the decision on whether or not the dog is, or is not, a banned type.

If found to be a banned dog the court can order the dog exempted with the Index of Exempted Dogs within two months or destroyed.

To order exemption, the court must be satisfied the dog would not constitute a danger to public safety-looking at the temperament of the dog, the dog's previous behaviour and whether the owner is a fit and proper person, the court can also consider any other relevant circumstances which could include the reasons why the dog was not exempted before the deadline at noon the 31st January.

We recommend that you demonstrate responsible ownership; for example, are your micro-chip details up to date, is your dog wearing a collar with name tag, is your garden safe and secure, do you have the Dogs Trust membership (Companion Club) in the name of the person who the dog would be exempted to – if not, obtain this now as it provides the insurance cover needed for exempted dogs.

Dogs have to be neutered to be released on the Interim Exemption Scheme and neutered as one of the conditions to become exempted - when this has been ordered by the court (the neutering deadlines for June and December this year do not apply to court ordered exemption).

It is a legal requirement (from 31st December 2023) that all XL Bully types must be muzzled and leashed (held by someone over the age of 16yrs) in all public places (including inside a vehicle if it’s in a public pace).

If you applied for exemption and it was not successful - keep copies and notes of all correspondence with Defra/Dogs Index, emails, phone calls etc. your payment reference number confirmation email, any screenshots, keep it all safe.

Carla Lane Animals in Need Liverpool are asking for anyone who experienced technical issues when applying to exempt their dog to please contact them with the details - for example, rejected applications, technical issues with the DEFRA website or registration process.

Frightening times for many owners, but you are not alone, the original law lays out a process to be followed, stay calm and stand by your dog.

Statutory Instrument No. 33 2024 - New changes for Rescues which came into force on the 12th January 2024:

Rescue and rehoming organisations - can apply for a certificate of exemption for any XL Bully type dog in their care, which was not rehomed by 31st December 2023. The dog must have been taken into the organisation’s care on or before 30 December 2023. The organisation must be established – carrying out rescue and rehoming activities on or before 31st October 2023 to apply. The application deadline has been extended to 22nd January 2024 – DEFRA needs to have RECEIVED the application by then – please check the criteria on the Government website.

2023:

Please Sign and Share

https://petition.parliament.uk/petitions/651520

Ensure tenants can't be evicted for owning an exempted XL Bully dog

I do not think it’s right that good owners who are following the rules of exemption and have well behaved dogs might be faced with the risk of being evicted due to owning an exempt XL Bully.

This means owners are worried they will have to choose between having their dogs euthanised, moving home or potentially being homeless. This should be prevented.

Statutory Instrument (SI) 1164/2023 - XL Bully Ban:

This order extending to England and Wales, came into force on 31st December 2023, the SI is adding the type of dog known as the XL Bully to the list of types of dog that are prohibited for the purposes of section 1 of the Dangerous Dogs Act 1991.

This instrument came into force on 31st December 2023, when the offences in section 1(2) of the 1991 Act will apply in relation to dogs of the type known as the XL Bully.

The offence in section 1(3) of the 1991 Act apply in relation to dogs of the type known as the XL Bully from 1st February 2024.

DDA Watch Ltd is a not-for-profit company, registered in England & Wales, registration number 7393352.

Care has been taken to ensure that our information is correct. The information and advice given by DDA Watch is for general purposes and is intended for guidance only, it does not constitute legal advice. The information and opinions expressed should not be relied on or used as a substitute for legal advice, if you require details concerning your rights, legal advice or find yourself affected by legislation it is recommended that you seek professional legal advice. 

Information given is for England and Wales only. Legislation in Scotland and N.Ireland may differ.