New measures to tackle the harm caused by hatred and prejudice come into force today (1 April 2024).The Hate Crime and Public Order (Scotland) Act will ‘provide greater protection for victims and communities’.
It introduces new offences for threatening or abusive behaviour which is intended to stir up hatred based on prejudice towards characteristics including age, disability, religion, sexual orientation, transgender identity and variations in sex characteristics. These extra provisions will add to the long-standing stirring up racial hatred offences, which have been in place UK-wide since 1986.
The new laws were developed following Lord Bracadale’s Independent Review of Hate Crime Legislation which concluded that new specific offences relating to stirring up hatred were needed. The legislation, which was passed by a majority of MSPs in the Scottish Parliament in 2021, was also subject to extensive consultation and engagement throughout, including with communities affected by hate crime.
Minister for Victims and Community Safety Siobhian Brown said: “Nobody in our society should live in fear and we are committed to building safer communities that live free from hatred and prejudice.
“We know that the impact on those on the receiving end of physical, verbal or online attacks can be traumatic and life-changing. This legislation is an essential element of our wider approach to tackling that harm.
“Protections for freedom of expression are built into the legislation passed by Parliament and these new offences have a higher threshold for criminality than the long-standing offence of stirring up racial hatred, which has been in place since 1986.”
The Scottish Conservatives oppose the legislation: “Unfortunately, this is not an April Fool. Today, Humza Yousaf’s dangerous Hate Crime Act has come into force. This SNP law will have a chilling effect on free speech.
“We were the only party to oppose it every step of the way.”
The Scottish Government’s Hate Crime Strategy and Delivery Plan sets out Ministers’ strategic priorities for tackling hate crime in Scotland.
New measures to protect children and young people and reduce preventable deaths
Public Health Minister Jenni Minto has welcomed the introduction of proposed legislation to ban the sale of tobacco products to anyone born on or after 1 January 2009 and allow tougher measures on vaping.
All governments in the UK agreed to bring forward a UK-wide Tobacco and Vapes Bill as part of their response to the 4 Nations Creating a smokefree generation and tackling youth vaping consultation.
The UK-wide legislation, introduced in Parliament today (Wednesday 20 March) will gradually increase the age of sale, making it an offence to sell tobacco products to anyone born on or after 1 January 2009. This means that children born on or after this date – those turning 15 this year and younger – will never be able to buy cigarettes.
The Bill also includes new powers to regulate displays, contents, flavours and retail packaging of vapes and nicotine products, allowing restrictions to target flavours marketed at children and to move vapes out of sight of children and away from products like sweets.
It will also remove existing Scottish provisions which make it an offence for a person under 18 to purchase tobacco products.
The Scottish Government has already published proposals to ban the sale and supply of single-use vapes in Scotland using existing environmental powers. If agreed by the Scottish Parliament, this would come into effect on 1 April 2025.
Public Health Minister Jenni Minto said: “Scotland has been a world-leader on a range of tobacco control measures, and while there has been a steady reduction in the proportion of people smoking we know it still damages lives and kills more than 8,000 people a year in Scotland.
“Smoking is a huge burden on our NHS and social care services and contributes significantly to health inequalities, which is why our goal is for a tobacco-free Scotland by 2034.
“Research suggests that almost one in five young people have tried vaping and we’re particularly concerned about how flavours are used as an enticement to children and young people.
“We will now consider how to use these powers, if passed by Westminster, with the consent of the Scottish Parliament, to benefit public health. We will continue our four-nations approach to avoid any unnecessary regulatory divergence and to offer more certainty and for business and consistency for consumers. Powers on vapes will be taken forward following further consultation and engagement.
“In addition, we were the first government to commit to taking action on single-use vapes and have now fulfilled our 2023 Programme for Government commitment to consult on measures to tackle the environmental impact of single-use vapes.”
Plan for Drivers will ‘improve drivers’ lives, shorten journey times, and ensure traffic measures have buy-in from the people they impact‘
strengthened guidance to ensure low traffic neighbourhoods and 20mph speed limits have support of local people
research published today shows just 18% of people surveyed feel listened to on LTNs
latest step in delivering Plan for Drivers measures also include £50 million to upgrade traffic lights, speeding up journey times
consultations are launching to prevent local councils from turning drivers into ‘cash cows’ by enforcing unfair restrictions
Motorists in England are set to benefit from smoother journeys and reduced congestion, with local people getting a stronger voice on road schemes that affect them, thanks to a crackdown on anti-driver road schemes, over-zealous traffic enforcement, and strengthened guidance for councils on 20mph limits.
These are among the latest raft of measures to be announced from the Westminster government’s Plan for Drivers.
The Department for Transport has today (17 March 2024) published draft statutory guidance for councils on low traffic neighbourhoods (LTNs), setting out that they must gain buy-in from local residents, businesses and emergency services when considering implementing new LTN schemes.
This could involve in-person events, online engagement, and leaflet drops to involve the whole community in the process and will mean that authorities must consider whether an LTN has local support before it is implemented.
The new guidance raises expected standards for LTNs and will come into force this summer when local authorities will be obliged to consider it when shaping new and existing schemes.
Local authorities are expected to follow the guidance and ensure local people support their plans. Recent examples where councils have implemented these schemes without public support have been shown to cause disruption and have unintended negative consequences.
If local authorities fail to deliver sensible road schemes that work for local people they could see future funding withdrawn, and under powers from the Traffic Management Act, the government could ultimately take control of an authority’s roads where they are deemed to be widely mismanaged.
A consultation will also be launched this summer on measures including the removal of local authorities’ access to Driver and Vehicle Licensing Agency (DVLA) data to enforce such schemes by camera.
Separately, councils have received strengthened guidance on setting 20mph speed limits, reminding them to reserve them for sensible and appropriate areas only – such as outside schools – and with safety and local support at the heart of the decision. Local authorities are expected to consider this guidance, and as with the LTN guidance, this could have implications for the awarding of funding in the future.
The action taken today on LTNs is supported by a wide-ranging review that highlights only 13% of residents have responded to councils’ planning consultations on LTNs, and just 18% feel that their views have influenced council decisions.
The report also found that local authorities operating LTNs issue an average of 36,459 penalty charge notices per scheme, with the highest number of penalty charge notices issued for a single LTN scheme exceeding 170,000. That’s why the guidance embeds the need for local support and will ultimately save motorists money.
While the review showed only a quarter of people understood the benefits of LTNs, it also flagged concerns over the impact on disabled residents, high numbers of penalty charge notices, the cost of LTN schemes and even concerns from emergency services that delays to crews caught up in LTNs could “potentially risk lives”.
The new guidance aims to prevent councils having to reverse poorly-implemented or locally unpopular schemes – as with recently removed LTNs at Jesmond, Newcastle and Streatham Wells, London.
These measures from our 30-point Plan for Drivers will improve the lives of drivers, shortening journey times and ensuring traffic measures have buy-in from the people they are impacting.
Transport Secretary Mark Harper said: “We want local people to have their voices heard, and any traffic schemes to have the consent of those they impact.
“Well thought out schemes, like 20mph limits outside schools, can make our roads safer, but we are raising the bar to help ensure all traffic schemes work for everyone in the community.
“We’re on the side of drivers, and these latest measures show we’re getting on with delivering what we promised in our Plan for Drivers – making their lives better, fairer and cheaper, and helping people travel in the way that works best for them.”
Today’s announcement also sees a comprehensive package of other measures designed to put people back in the driving seat.
Traffic lights will be upgraded across the country thanks to £50 million – £30 million to replace outdated equipment, and £20 million to reduce poor traffic light performance through innovative technology that responds to live traffic conditions. From Devon to Durham, 80 highway authorities across England will benefit from funding, to improve journey times and reduce congestion caused by red lights.
Consultations are also launching focusing on preventing local councils from turning drivers into ‘cash cows’ by profiting from enforcing traffic restrictions. This includes fines for drivers going into yellow box junctions or parking restrictions. The 8-week call for evidence will seek views from residents and will also quiz local authorities on how money from fines is reinvested.
Local people will have their say on whether they think enforcement is currently fair or believe authorities should be restricted in their traffic enforcement powers, and the findings will inform future government decisions on restricting authorities. As with LTNs, the government will also look at restricting local authorities access to third-party data, such as the DVLA database, for enforcement purposes.
At the moment, restrictions on bus lane use are too rigid, creating delays and causing regular fines for drivers. New guidance on bus lanes has also been issued today, to make sure they only operate when it makes sense, like when traffic is heavy enough to delay buses. This will prevent drivers being hit with unfair fines.
A consultation will also be launched to look into whether motorcycle access to bus lanes should be standard, a further initiative to reduce congestion and speed up journey times.
Further measures announced today include publication of new guidance making it simpler and easier for councils to charge utility companies who slow down drivers with street works and a consultation aiming to shake up motor insurance will also be launched to prevent those caught without it from claiming property damage from the Motor Insurers’ Bureau.
Nuisance boy-racers who illegally modify their exhausts and disturb our streets are also being targeted. New research reveals the success of noise cameras in cracking down on illegally modified exhausts and anti-social drivers. The research will be used to encourage local authorities to install noise cameras after successful trials in Bradford, Birmingham, Bristol and Great Yarmouth.
The UK Government’s Plan for Drivers has already delivered measures to crackdown on disruptive streetworks, cutting traffic and anticipated to generate up to £100 million over the next 10 years.
It has also launched grants for schools to accelerate the rollout of electric vehicles chargepoints, making it easier for drivers to make the switch.
A record £8.3 billion has also been pledged over the next 10 years for road resurfacing, made possible by reallocated HS2 funding, to improve the condition of British roads and speed up journey times.
RAC head of policy Simon Williams said: “We’re very pleased to see the government responding to our calls for clearer guidance on yellow box junctions with their consultation on the misuse of these measures.
“It’s also extremely positive to see progress made on the installation of noise cameras, after 6-in-10 drivers (58%) told us they would be in favour of these measures last year. Excessive noise pollution is not only extremely frustrating, it could also have a really serious impact on residents’ health and lives, and until this point there’s been very little anyone can do about it.
“We’re keen to see if this new technology goes some way towards resolving the issue and hope it can be rolled out quickly and efficiently.”
The Economic Secretary to the Treasury will today (12th March) publish draft legislation which announces new measures to “break the spell” of fraudsters, as part of the UK Government’s Global Fraud Summit.
Under draft legislation published today, payment service providers such as banks will be given more time to contact customers, police, and other relevant parties when they have reasonable grounds to suspect fraud or dishonesty before they send a payment. This gives them a better chance of stopping money being sent to fraudsters.
This legislation will apply to authorised push payments, subject to limited exceptions. The UK has seen an increase in authorised push payment fraud over the past few years – in 2022 victims lost £485m to these scams.
Push payment fraud involves the fraudster deceiving the victim into initiating and authorising a transaction, such as instances of romance fraud where fraudsters have convinced their victim of a romantic attachment, or investment fraud.
Until now, payment service providers, such as banks, have generally been required to process payments by the end of the following business day, giving a very limited timeline to investigate and alert relevant parties to possible fraud.
Today’s legislation will give payment service providers a further 72 hours to investigate payments, but only where there are reasonable grounds to suspect fraud or dishonesty and more time is needed to contact the customer or other parties like law enforcement. The legislation has been designed to minimise any impact on legitimate payments.
The government intends to lay this legislation before parliament so that it comes into force by October 7th 2024.
Economic Secretary to the Treasury Bim Afolami, said:“Fraudsters spin whole webs of lies and fabricate all sorts of things to convince people to send them money – this legislation will give banks, other payment service providers and law enforcement more time to get in touch with victims and break the fraudster’s spell before money is sent.
“The government is absolutely committed to tackling fraud and recognises the impact of this devastating crime on victims – this legislation is another tool in our arsenal to fight fraud.”
As part of the summit, yesterday (11 March) Home Secretary James Cleverly met with ministers from across the G7, Five Eyes, Singapore and South Korea for the first ever Global Fraud Summit.
Each attending nation agreed to a communique which has committed to more collaboration between law enforcement agencies, to protect the public and fight fraudsters.
The summit continues today, with a series of working level meetings between the private sector, civil society and government officials.
Edinburgh residents, visitors, and industry back plans for a visitor levy, an engagement exercise has revealed.
Generating close to 4,000 responses in total, a four-week survey conducted by the Council over Christmas and New Year found broad support for the aims and objectives of its Visitor Levy for Edinburgh proposals.
The survey found that Capital residents and community groups are particularly keen to see some of an Edinburgh levy reinvested towards enhancing essential public services, such as keeping the city clean and moving.
Business groups, who have largely fed back via focussed engagement sessions, express greater support for dedicated destination marketing and industry support, while everyone tends to agree a levy should be simple to administer and support the protection and enhancement of Edinburgh’s heritage and world-famous cultural offering.
The full findings – which echo evidence gathered by Council officers over the last six years – will be presented to Councillors on the Policy and Sustainability Committee on Tuesday (12 March).
Members of the Scottish Parliament’s Local Government, Housing and Planning Committee will also meet on the same day to debate amendments to the national Visitor Levy (Scotland) Bill which, if set in legislation as the Visitor Levy (Scotland) Act this Spring/Summer, will allow Scotland’s local authorities including Edinburgh to charge a levy on overnight accommodation.
With much of the Capital’s scheme already researched and developed, Edinburgh is well placed to formally consult on and finalise its plans and is likely to become the first city in the UK to formally adopt a city-wide visitor levy.
Cammy Day, City of Edinburgh Council Leader, said: “Edinburgh has been lobbying the Scottish Government for more than a decade for the local powers to introduce a visitor levy. Finally, we are edging closer to this long-called for legislation.
“Throughout the years, we have repeatedly and actively engaged with our tourism and hospitality industry, as well as with residents, seeking views at various stages on the type of visitor levy Edinburgh needs.
“At every turn, we’ve had overwhelming backing at a community level and have witnessed growing support from those in the tourism and hospitality industry. This is only building as we head towards the last Parliamentary hurdle.
“We’re very proud that Edinburgh is one of the world’s most popular visitor destinations, but we’re equally aware that this success comes at a cost. A small overnight charge is common practice in other major cities and destinations, so why not here?
“The introduction of a levy will provide a funding stream that would be reinvested in the city and our infrastructure, to the benefit of our visitors and, crucially, the people who live here in our great Capital city all year round.
“While I welcome how far the Bill has come, I also echo the concerns shared by COSLA last week that it needs to allow visitor levies to be more flexible and quicker for Councils to roll out.
“Now that Edinburgh is ready to lead the introduction, I hope to see these adopted in the amendments Members of Parliament debate next week.”
Legislation which will see the introduction of a National Care Service for Scotland (NCS) has passed Stage 1 in Parliament.
MSPs have voted for the general principles of the National Care Service (Scotland) Bill which will ensure greater transparency in the delivery of community health and social care, improve standards, strengthen the role of the workforce and provide better support for unpaid carers.
The proposals include establishing a National Care Service Charter, rights to breaks for carers and provisions to enact Anne’s Law so people in care homes have the right to be visited by their families.
Social Care Minister Maree Todd said: “We need long-term, widespread transformation to fix some of the ingrained issues within the system and ensure sustainability for the future.
“We have spent considerable time working with people with lived experience on how to reform social care for the better. I’m grateful to the thousands of people who have lent their voices and I am determined to ensure the Bill delivers the positive change needed.
“Today’s vote shows that the Scottish Parliament also recognises this and I am grateful to them for bringing us one step closer to this urgent reform.
“This Bill is the biggest public sector reform since devolution and it is our chance to make meaningful change that we all agree is needed to the social care system. I know the people of Scotland will see huge benefits.”
Scotland’s largest trade union bodies have condemned the Scottish Government’s proposed National Care Service Bill as ‘not fit for purpose’ as MSPs approve the legislation at Stage 1.
The Scottish Trades Union Congress (STUC) alongside the three biggest social care unions in Scotland – UNISON, GMB SCOTLAND and UNITE – have written to the Cabinet Secretary for NHS Recovery, Health and Social Care Neil Gray outlining their shared concerns on the Bill.
The letter states that social care workers’ concerns have been ‘widely ignored’ by the Scottish Government and that, at this stage of proceedings, the Bill as drafted remains ‘firmly unacceptable’.
Last week the Scottish Parliament’s Health, Social Care and Sport Committee’s report into Stage 1 drew criticism from trade unions who outlined the ‘glaring deficiencies’ of the proposals on costs and operation of the service.
Commenting, STUC General Secretary Roz Foyer said: “It beggars belief that, despite repeated warnings to the Scottish Government, Scotland’s social care workers are still in the dark on the basic fundamentals of the new National Care Service.
“Our social care sector already suffers from insecure conditions and low pay. We cannot risk those weaknesses being carried over into any new system of nationalised care.
“We must see the Scottish Government take seriously the recommendations of the Health, Social Care and Sport Committee’s report into the Bill. This would include improving pay, terms and conditions for social care staff, including a £15 per hour minimum wage. We also need to see Scottish Government guarantees on Fair Work and sectoral bargaining in addition to full sick pay from day one of employment.
“Our social care staff are the lifeblood of our system. We value their work and it’s high time the Scottish Government does likewise.”
COSLA: “SIGNIFICANT CONCERNS” ON NATIONAL CARE SERVICE PLANS
Speaking ahead of the Stage 1 debate for the National Care Service Bill in the Scottish Parliament on Thursday 29th February, Councillor Paul Kelly, COSLA’s Health & Social Care Spokesperson, commented:“Councils have expressed significant concerns regarding current National Care Service plans and believe there is still work to do to ensure proposals can meet aspirations.
“In particular, Council Leaders are disappointed in the decision of the Scottish Government to continue to push through legislation where a power will be given to Ministers to delegate children and justice services, despite the potential disruption to services and extensive negotiations and concessions from Local Government.
“Council Leaders remain concerned that such a move risks excessive centralisation of decision-making away from local people and areas. Leaders did agree that COSLA should continue to work closely with Scottish Government to address these concerns.
“COSLA welcomes the progress which has been made in reforming some National Care Service proposals, including that local authorities will continue to play a central role in the delivery of, and accountability for care.
“There is a pressing need to improve people’s experiences of accessing and delivering care in Scotland. Although legislative and governance reform may be part of that, the reality is that national funding decisions – including the proposed council tax freeze which has not been fully funded – will further squeeze local care and social work services which are already under incredible pressure.
“Investment in social care must be seen as a priority which can enhance the wellbeing of people, of society and of Scotland.”
Having passed Stage One, the National Care Service (Scotland) Bill moves into Stage 2 where amendments will be considered by the Health, Social Care and Sport Committee before Stage 3, when the full Parliament makes a final vote on whether to pass the Bill.
PDSA urges to see past the muzzle & breaks down misconceptions ahead of Scotland’s new laws
Last released figures shared by Defra showcased that more than 35,000 dogs have been registered in England and Wales under the XL Bully exemption scheme. Not factoring in the number of dogs living in Scotland who as of 23 February will be required to wear a muzzle, there’s bound to be a surge in dogs outside wearing muzzles.
Muzzles can be divisive, and vet charity PDSA is seeing this first hand.
PDSA Vet, Lynne James, explains there’s many misconceptions around muzzles, which all XL Bully type dogs must now wear when out and about, in order to comply with the Exemption rules. This includes when being transported in a car.
“Experts and animal welfare organisations have campaigned against breed bans for decades, but it’s a big myth that muzzles are bad for dogs.
“As a Vet, and working in the profession, muzzles are no stranger to us. In fact, muzzles can be extremely helpful in our line of work.
“We’re very keen to highlight misconceptions about muzzles. For many, especially now, muzzles are going to be part of their daily routine – grab your dog’s lead, collar and muzzle before heading out for walk.
“Dogs don’t care what they look like – that’s a human thing. Thinking a dog in a muzzle must be ‘dangerous’ just isn’t accurate when muzzles have other uses. Vet professionals see them on a day-to-day basis and frankly, see past the muzzle.
The leading vet charity shared some of the muzzle misconceptions it has heard since the ban was announced:
Muzzles are prison for pooches
They are animal cruelty
Look barbaric
Muzzles look like a monstrosity
Horrible contraptions
Why use a muzzle?
“We do understand how muzzles can create the fear of the unknown, especially if you’ve only seen them portrayed on fierce looking guard dogs in films! It’s important to be aware though – muzzles can be used for other positive reasons, and many of the dogs you may see out and about wearing them these days are not to be feared.
“Muzzles can be especially helpful for dogs who like to eat non-food items – owners who have a dog who munches on poo whilst out on walks will understand this better than most!
“They can also create some safety for dogs themselves, if a dog does like to sniff out things to pick up when on walks, a muzzle can help to stop them easily picking up potentially harmful foods or substances.
“Even the friendliest of dogs can find some situations stressful – such as visits to the groomers or the vets, particularly if they’re in pain or have had a previous uncomfortable experience. That’s why we’d recommend all owners include muzzle training with their general dog training, it’s just as handy for your dog to be happy wearing a muzzle as it is for them to know how to ‘sit’ and ‘wait’, should you need them to.”
“It’s also imperative people understand that a muzzle is not ‘animal cruelty’. If a dog is wearing a suitable, comfortably fitting, spacious muzzle, they should be able to fully pant, drink water, and even take treats with ease.
Choosing the right muzzle for your dog
“When choosing the best muzzle for your individual dog, you want to make sure that:
There’s roughly 1cm space between your dog’s nose and the very end of the muzzle.
There’s plenty of airflow so your dog doesn’t overheat and can breathe normally.
Enough room for your dog to comfortably open their mouth to eat and drink.
Plenty of space for your dog to fully pant.
Should be made of a durable but comfortable material so it doesn’t break but also doesn’t irritate your dog’s skin.
“It’s always key for pet owners to slowly introduce a muzzle in a positive way, to help their dog become confident and happy wearing it.
“Muzzle training shouldn’t be rushed and should always be done at a dog’s pace, in several short sessions over a few weeks, so they have time to adjust and feel comfortable wearing a muzzle.
“Whilst muzzles have their uses for shorter periods of time, they aren’t meant to be worn as a constant. However, a good walk, whether short or long, that suits the energy levels of your dog is fine to wear a muzzle for.”
Key dates for XL type owners in both England and Wales:
31 March 2024 — deadline for your dog to be microchipped (and microchip number provided to Defra by email or post, by this date) if your dog was less than eight weeks old when you applied for a Certificate of Exemption.
30 June 2024 — deadline to have your dog neutered (and neutering evidence provided to Defra by email or post, by this date), if your dog was more than one year old on 31 January 2024.
31 December 2024 — deadline to have your dog neutered (and neutering evidence provided to Defra by this date), if your dog was less than one year old on 31 January 2024.
Scotland’s ban timeline:
It has been announced restrictions for XL Bullies will come into place on 23 February 2024 in Scotland.
From this date, owners of XL Bullies will need to comply with the restrictions: dogs must wear a muzzle and be on a lead when in public. It will also be illegal to sell, or advertise for sale, abandon, give away or breed the dogs in Scotland.
From 31 July 2024, it will be illegal to own an XL Bully without having an Exemption. We’re still awaiting information for how owners will be able to apply for an Exemption, and when they can do so.
There’s plenty of muzzle training guidance and advice on PDSA’s website, as well as the information the vet charity knows about both the England and Wales ban, and the Scotland ban.
The UK’s biggest cat charity Cats Protection has again welcomed the Pet Abduction Bill after it cleared another hurdle through parliament yesterday.
The Bill – proposed by Anna Firth MP – will give cats and their owners greater protection in law and help prevent pet theft.
Annabel Berdy, Senior Advocacy & Government Relations Officer for Cats Protection said: “This proposed law is a desperately needed safety net for the nation’s pets, helping to stamp out the criminals who prey on much-loved animals.
“Pet abduction is a particularly nasty crime, often leaving owners in permanent limbo about the fate of their pets and putting the animals themselves at high risk of mistreatment.
“Currently, the theft of an animal is regarded in law as being level with the theft of a mobile phone – and that is clearly not the case. Pets are not merely property – they are sentient beings, capable of suffering pain and fear, and are utterly irreplaceable to their owners.
“A new and specific offence will also enable police to build an accurate picture of pet theft across England and Northern Ireland by requiring a specific log, as opposed to the current situation where pet theft is recorded as property theft.”
The charity added that the new law would help tackle the backstreet market in purebred cats and kittens, driven by a growing demand for pedigrees.
Annabel said: “More than 40 per cent of all cats obtained in the last 12 months were pedigree, and criminals will no doubt capitalise on this demand. They may target pedigree cats for onward sale, or – if they’re unneutered – keep them as breeding animals to produce litter after litter of kittens to sell.
“We’re hugely encouraged to see the Pet Abduction Bill making such swift progress through parliament and will be working tirelessly with other animal charities and politicians to push it forwards. We cannot let this important opportunity to protect pets and owners slip through our hands.”
Cats Protection is the UK’s leading cat welfare charity and has helped an average of 157,000 cats and kittens a year over the last five years through its national network which includes around 210 volunteer-run branches and 34 centres.
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.
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).
A new offence which makes it a crime to encourage or assist another person to self-harm comes into effect in Scotland today (31 January).
The offence can be committed online, in correspondence or publications, or in-person and applies regardless of whether an individual goes on to injure themselves or not. Anyone found guilty of this crime can face up to five years in prison.
It is hoped it will act as a deterrent to anyone who sets out to deliberately encourage others to self-harm and will create a safer online environment, particularly for people who may be in distress and looking for help on the internet.
Mental Wellbeing Minister Maree Todd said: “We welcome this new offence which criminalises people who encourage or assist another person to serious self-harm. It will help to make the internet a safer place for everyone.
“We believe this new law aligns with our ambitious approach on self-harm, which is laid out in our dedicated Self-harm Strategy and Action Plan. It demonstrates our ambition to improve support for people who self-harm – a critical part of which is ensuring people are protected from harmful communications.”
Samaritans Scotland Executive Director Neil Mathers said: “Samaritans Scotland welcomes new legislation to take action against those who encourage or assist another person to engage in serious self-harm.
“It is hugely important to keep people safe online and protected from dangerous content and those wishing to cause harm.
“This legislation should only apply to those who encourage self-harm in a deliberate and malicious way, and aims to deter them from targeting vulnerable people.
“The internet can provide advice, helpful information and supportive networks for people seeking help about self-harm. It is crucially important that people can access this support, while being kept safe from dangerous content and those wishing to cause harm.”
The offence under the Online Safety Act (2023) was extended to Scotland through a Legislative Consent Motion agreed in the Scottish Parliament on 29 June 2023.
