XL Bully owners can now apply for an exemption certificate so they can continue to legally own their dogs in the long term.
The application scheme opened yesterday (1 April) and runs until 31 July 2024, after which it will be a criminal offence to own an XL Bully without an exemption certificate.
To get an exemption certificate, owners must apply online or by post, pay a £92.40 fee, obtain third party insurance and neuter and microchip their dogs. Postal applications must be made by 15 July and online applications by midnight on 31 July. Full details of the process and requirements are available on the Scottish Government website.
In line with the initial safeguards introduced on 23 February, XL Bully dogs must continue to be muzzled and kept on a lead in public.
Owners who decide not to keep their dogs can apply for £100 to cover cost of euthanasia/veterinary fees and £100 to compensate for the loss of the animal.
Siobhian Brown, Minister for Community Safety attends Celebrating our Communities, being held at Maryhill Burgh Halls, Glasgow, Scotland, to celebrate community groups. October 6, 2023.
Victims and Community Safety Minister Siobhian Brown said: “These new safeguards are being introduced to protect the public while giving XL Bully owners time to comply with the new rules.
“I would encourage XL Bully owners who wish to keep their dogs from 1 August to apply for an exemption certificate in good time.
“The Scottish Government continues to work with Police Scotland, local authorities, the SSPCA and others to ensure our communities are kept safe.”
With the start of the New Year also being the introduction of the XL Bully ban in England and Wales, the countdown is now officially on for owners to comply with the new legislation before time runs out.
In the latest news from the Scottish Government, there are now plans for an XL Bully ban to come into force in Scotland as well, with little known detail just yet, but it was shared the ban will mirror the measures that have been introduced in England and Wales.
PDSA Vet Lynne James shares a breakdown of the timeline impacting owners in England and Wales, plus some key information, as well as some of the charity’s concerns.
Timeline of the ban
“The timeline of the ban is one of the most important factors, especially now, as owners in England and Wales do not have very long to ensure they comply with the new rules soon to come into force.”
Right now, all XL Bully type dogs must be wearing a muzzle and kept on a lead when in public. It is also now illegal to breed, sell, advertise, exchange, gift, rehome, abandon or allow an XL Bully type dog to stray.
Owners can no longer apply for a Certificate of Exemption by email or by post (deadline was 15 Jan) – the only way to now apply is through the government website.
The deadline to apply for an Exemption through the Government website is by midday on 31 January.
From 1 February, XL Bully type dogs must have a Certificate of Exemption.
By 30 June 2024, all XL Bully type dogs over 1 year old on 31 January 2024 must be neutered.
By 31 December 2024, all XL Bully dogs under 1 year old on 31 January 2024, must be neutered.
What we know
“Although there is now a ban in England and Wales, the current population of XL Bully type dogs is going to be around for years to come, and this will likely be the same in Scotland too. With the average lifespan being around 10-12 years, the ban does not mean these dogs will suddenly disappear.
“The government has determined the physical characteristics which will decide if a dog fits the ‘breed type’ of the XL Bully. They have shared DNA or simply what owners were told their dog was when they were bought or rehomed will not count as evidence of breed.
“However, they have confirmed that other established breeds, such as those recognised by the UK Kennel Club, who may meet some of the characteristics of the XL Bully breed type, are not covered by the ban.
“The Government has also stated that owners are responsible for determining themselves if their dog is classified as an XL Bully type or not, and whether that means they should apply for an Exemption.
“We also know, regardless of personal thoughts about the ban, all owners of dogs deemed to fit the XL Bully type will now need to follow the guidance. Owners found not complying with the legislation may face a criminal record and an unlimited fine if they are found to be in possession of an XL Bully type without a Certificate of Exemption, and their dog could be seized, or in some cases, dogs may even be put to sleep by the authorities.
“We’re aware this a worrying time for many, in England, Wales and now Scotland, and we maintain our position that Breed Specific Legislation is not the right course of action to protect the public.
PDSA’s concerns
“In addition to our concerns about this rushed through legislation, the timeline of the ban in England and Wales is adding unnecessary pressure on owners who are already in a stressful situation.
“We know recent years have been financially tough for many, with PDSA seeing an increase in demand for our low-cost services. Finding the funds in a short space of time to cover the cost of an Exemption, as well as what is needed to comply, including neutering, may not be easy for many, and may have long-term impacts. With no help to cover these costs announced from the Government, it leaves animal charities like PDSA left to pick up the pieces.
“We’re also concerned that the potential stigma of owning a ‘banned breed’ could sadly lead to owners feeling unable to walk or socialise their dogs. This will no doubt have a severe negative impact upon the welfare of these dogs, whose health and welfare must remain an upmost priority.
“We know the announcement in Scotland may not be the news many want to hear, but we will continue to support owners across England, Wales and Scotland however we can. PDSA’s main focus remains supporting owners with our aim being to keep people and pets together.”
As the weeks go by, and the deadlines get closer in England and Wales, and more information is shared about the upcoming ban in Scotland, PDSA will continue to update their website to ensure all of the information is up to date and relevant for owners.
Tight safeguards on XL Bully dogs are to be introduced in Scotland to make it a criminal offence to own the breed without an exemption certificate.
The legislation will mirror what has been introduced by the UK Government in England and Wales, and prevent Scotland from becoming a ‘dumping ground’ for this breed.
Under the new rules, existing owners will be required to consider whether they wish to keep their dogs. If they do, they will have to apply and pay a fee for an exemption permit. This will require owners to ensure appropriate safeguards are taken for their XL Bully dogs such as muzzling when in public, being on a lead when in public, taking out insurance and neutering their dogs.
In addition, it will be illegal to sell an XL Bully dog, abandon a dog or let it stray or give it away.
Subject to parliamentary approval, the Minister for Victims and Community Safety will make a statement to Parliament next week on these new safeguards.
First Minister Humza Yousaf said: “We recognise that the vast majority of dog owners are responsible animal lovers.
“However, now that we know the full implications for Scotland of the UK government’s measures, we are urgently bringing forward new safeguards on XL Bully dogs. It is essential Scotland is not adversely impacted because of any loopholes created as a consequence of the introduction of the UK Government’s policy in England and Wales.
“Recent reports of XL Bully dogs being moved to Scotland from south of the border are concerning and it’s important we do not become a dumping ground for the breed, leading to unacceptable risks to public safety and animal welfare.
“We will be working at pace to bring forward necessary regulations to mirror the system introduced in England and Wales as soon as possible. We will continue to engage with key stakeholders going forward and to offer practical support to help owners comply with these new safeguards.”
The UK Government announced its decision to introduce new controls on XL Bully dogs with no advance notice or consultation with the Scottish Government.
