New XL Bully dog safeguards to be introduced in Scotland

Owners urged to prepare for changes

The first of a two-stage approach to new legal safeguards on XL Bully dogs will come into force on 23 February subject to parliamentary approval.

From this date, it will remain legal to own an XL Bully dog but owners must ensure their dogs are muzzled and on a lead when in a public place. Selling, gifting or exchanging XL Bully dogs will also be prohibited.

Stage two of the new rules, which come into force from 31 July, will make it an offence to own an XL Bully without an exemption certificate or having applied for an exemption certificate. This means existing XL Bully dog owners will need to consider whether they wish to keep their dogs and if so will have to apply and pay for an exemption permit by that date.

Full details as to what date applications for an exemption certificate will open, how to apply and the support available will be announced in the coming weeks.

The new regulations, which are subject to approval by Parliament, are being introduced as a consequence of similar controls on the breed that have been introduced by the UK Government in England and Wales, which have resulted in reports of dogs being moved to Scotland.

Minister for Victims & Community Safety Siobhian Brown said: “It is vital XL Bully dog owners get ready for the first stage of legal safeguards that will come into force on 23 February. These new rules are intended to prevent risks to public safety and animal welfare and keep our communities safe.

“The second stage of legal safeguards will provide owners seeking an exemption an appropriate length of time to decide how to prepare for the forthcoming change in the law ahead of the 31 July deadline.

“The vast majority of dog owners are responsible animal lovers and we know owning a dog brings with it important responsibilities.  I would encourage owners to make themselves aware of the new laws and get ready for them.”

The penalties available to a court upon conviction for breach of the new safeguards are up to six months imprisonment and/or a fine up to £5,000.

Letter to Criminal Justice Committee.

The definition to be used for an XL Bully dog is the same as used by the UK Government. This can be found at: Check if a dog is an XL Bully – GOV.UK (www.gov.uk)

Local authorities have existing powers under the Control of Dogs (Scotland) Act 2010 to serve Dog Control Notices that set out what dog owners must do to bring their dogs under control to combat ‘out of control’ dogs at an early stage.

Ban on unregistered XL Bully dogs now in force in England and Wales

It is now illegal to own an XL Bully dog unless it is registered and complies with strict rules including being neutered and muzzled in public

The ban on XL Bully dogs is now in force making it illegal to own an unregistered XL Bully dog from today (1 February).

This delivers on the Government’s pledge to take quick and decisive action to protect the public from devastating dog attacks by adding the breed type to the list of dangerous dogs.

The decision was made following a concerning rise in fatal dog attacks involving the XL Bully breed type. Up until 2021 there were around 3 fatalities per year. There have been 23 since the start of 2021 – with the XL Bully being involved in many of these tragic attacks.

From today, anyone found in possession of these dangerous dogs and is not meeting the strict rules will have their dog seized and faces prosecution and a criminal record.

Environment Secretary Steve Barclay said: ““The ban on XL Bullies is now in place meaning it is illegal to own one of these dogs unless it has been registered.

“We have delivered our pledge to bring in this important measure to protect public safety, and we expect all XL Bully owners to comply with the strict conditions.”

In order to safely manage the existing population of these dogs, owners of XL Bully dogs must register their dogs and make sure they comply with strict rules.

“This includes having them microchipped, kept on a lead and muzzled when in public and, to ensure these dogs cannot continue breeding, they must also be neutered. For most dogs, this will be by 30 June, and for dogs under one year old, this should be by the end of 2024.

The Government will continue supporting the police to make sure the ban is effectively enforced, and ministers met with police chiefs this week to discuss their preparations to implement the ban.

The ban applies to England and Wales. The Scottish Government has also announced they will be bringing forward an XL Bully Ban (see above).

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davepickering

Edinburgh reporter and photographer