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).

Owners urged to take action as XL bully dog deadline approaches

UK Chief Vet urges owners to take all necessary steps to ensure they are complying with the law

  • From 31 December all XL Bully type dogs must be kept on a lead and muzzled in public.
  • It will also be illegal from this date to breed, sell, advertise, gift, exchange, and abandon these dogs or let them stray.
  • UK Chief Vet urges owners to take all necessary steps to ensure they are complying with the law.
  • Over 4,000 exemption certificate applications have now been received.

XL Bully owners are today being urged to make sure they are ready to comply with new restrictions that come into force on 31 December­ in England and Wales.

The message from the UK Chief Vet Christine Middlemiss comes with less than two weeks for the deadline for keeping XL Bully dogs on a lead and muzzled when in public. It will also become illegal to breed, sell, advertise, gift, exchange, abandon, or let XL Bully dogs stray from this date.

There is also just over 6 weeks left to apply for an exemption certificate before the ban of the breed comes into force on the 1st February. Over 4000 applications have been now received with the majority of certificates issued in less than a week.

Owners will need to provide proof that their dog has been microchipped and it will need to be neutered by 30th June for older dogs, and the end of 2024 if the dog is under one year old.

If owners are unsure whether their dog could be classed as an XL Bully, they should check their dog carefully against our guidance and photo examples of XL Bully dogs to help them decide.

Chief Veterinary Officer Christine Middlemiss said: “New legal restrictions for XL Bullies are now less than a fortnight away. Owners should read the guidance and ensure they are ready to comply with the new rules, which includes keeping your XL Bully dog muzzled and on a lead in public from 31 December.

“From 1 February 2024, it will also be a criminal offence to be in possession of an XL Bully in England and Wales unless you have applied for an exemption. Please do not risk leaving it to the last minute if you want to keep your dog, you should apply now for a Certificate of Exemption.

“We recommend a precautionary approach – if you are unsure if your dog is an XL Bully or whether any puppies may grow up to be of this dog type, you should comply with the relevant requirements and restrictions.”

After the transition period ends, owners without a Certificate of Exemption could receive a criminal record and an unlimited fine if they are found to be in possession of an XL Bully type. These measures are being introduced to safeguard the public following an increase in dog attacks in recent years. Up until 2021 there were around 3 fatalities per year. There have been 23 since the start of 2021 – with the XL Bully being disproportionately involved in this rise.

To receive an exemption, owners must hold active public liability insurance for their dog, have had their dog microchipped, and pay the application fee. Owners will also be required to provide proof that their dog has been neutered. For most dogs, this will be by 30th June, and for dogs under one year old, this should be by the end of 2024.

During the transition period, owners who no longer wish to keep their dogs and who arrange for a vet to euthanise them may apply for compensation towards this. Owners and their vets will need to complete a form to make a claim.

Owners can access the most up to date information on what action they need to take and when on this dedicated page, Prepare for the ban on XL Bully dogs – GOV.UK (www.gov.uk).

Leading animal welfare organisations including Blue CrossDogs TrustPDSA and Battersea Dogs and Cats Home have developed a range of helpful resources and free online learning opportunities to support owners to muzzle train their dogs.

Owners whose dogs are dangerously out of control are already breaking the law, and the enforcement authorities have a full range of powers to apply penalties to them. Under the Dangerous Dogs Act, people can be put in prison for up to 14 years, be disqualified from ownership and their dangerous dogs can be euthanised.

  • If your dog is less than one year old on 31 January 2024, it must be neutered and evidence received by 31 December 2024 
  • more than one year old on 31 January 2024, it must be neutered and evidence received by 30 June 2024 
  • If your dog is already neutered, a vet must confirm this by: 
  • 31 December 2024 for dogs less than one year old on 31 January 2024 
  • 30 June 2024 for dogs more than one year old on 31 January 2024

DOES THE LEGISLATION APPLY IN SCOTLAND?

Then Secretary of State for Environment, Food, and Rural Affairs, Therese Coffey (remember her – Ed.?) confirmed the UK Government intention to add XL bullies to the 1991 Act and plans to speak to devolved nations to implement this across the UK. If Scottish Ministers agree, then the ban will be applied in Scotland.

If a ban is implemented in Scotland then this does not mean XL bullies will be euthanised, they can be added to the index of exempted dogs.

The UK Government plans to convene an expert group to specify a legal definition of the XL bully. The group will consist of animal welfare experts, veterinary professionals, the police, experts in breeds and representatives from the four nations.

The findings of the group will inform Scotland’s actions on the ban going forward.

(INFO – Scottish SPCA)

Last month (November) a Scottish Government spokesperson said: “We are carefully considering the evidence as to whether changes to ban the XL Bully dogs and breed will be applied in Scotland.”

UK Government to ban ‘American XL Bully’ dogs

‘American XL Bully’ dogs will be banned following a series of horrific attacks, the UK Government announced yesterday (15 September).

On the back of a number of shocking ‘American XL Bully’ attacks, the Environment Secretary will urgently convene experts to define the ‘American XL bully’ breed type in the next week.

This is a vital first step towards adding it to the list of dogs banned under the Dangerous Dogs Act.

This group will include police, canine and veterinary experts, and animal welfare stakeholders.

Environment Secretary Therese Coffey said: “Dog attacks are devastating for victims and their families and it is clear that more now needs to be done to stop them and protect the public. That is why we are taking decisive action to ban the American XL Bully.

“This is on top of the work the Government has been doing for some time with the police and local authorities to encourage responsible dog ownership and make sure the full force of the law is being applied.”

Under the Dangerous Dogs Act 1991, a definition of the ‘American XL Bully’ breed type needs to be specified – including clear assessment criteria for enforcement authorities – in order to impose a ban. 

The Government must then lay a Statutory Instrument to add it to the list of dogs banned under the Act. This will make it an offence to own, breed, gift or sell an XL bully. We will do this by the end of the year.

We need to safely manage the existing population of these dogs, therefore there will be a transition period. Further details on how the transition period will work will be provided in due course.

Current XL Bully dog owners do not need to take any action at this stage however, if XL Bully owners do not come forward during the transition period, they will be committing a criminal offence if they are subsequently found to be keeping one of these dogs.

Owners whose dogs are dangerously out of control are already breaking the law, and we already have a full range of powers to apply penalties to them. Under the Dangerous Dogs Act, people can be put in prison for up to 14 years, be disqualified from ownership or their dangerous dogs can be euthanised.

The Dog Control Coalition – which is made up of RSPCA, Blue Cross, Battersea, Dogs Trust, Hope Rescue, Scottish SPCA, The Kennel Club and British Veterinary Association – has long campaigned against banning specific types of dog, which fails as a solution to this urgent problem.

The Coalition, in a joint statement, said: “The recent incidents are deeply distressing and our thoughts are with all those involved and affected.

 “The biggest priority for everyone involved is to protect the public – but banning the breed will sadly not stop these types of incidents recurring.

“For 32 years, the Dangerous Dogs Act has focused on banning types of dog and yet has coincided with an increase in dog bites and the recent deaths show that this approach isn’t working. The UK Government must tackle the root issue by dealing with the unscrupulous breeders, who are putting profit before welfare, and the irresponsible owners whose dogs are dangerously out of control.

“The coalition urges the Prime Minister to work with them to fully understand the wide-reaching consequences of his decision to ban American bully XLs, which will have significant impacts on owners, the animal welfare sector, vets, law enforcement and the public. 

“It is also critical that any policy designed to protect public safety is based on robust evidence and we are deeply concerned about the lack of data behind this decision and its potential to prevent dog bites.”

Further detail on next steps for developing a ban and information for owners will be provided in due course.