Explanatory note

This Order makes provision in respect of dogs of the type known as the XL Bully. The type of dog known as the XL Bully (“the XL Bully breed type”) is designated for the purposes of section 1 of the Dangerous Dogs Act 1991 (c. 65) by article 2 of the Dangerous Dogs (Designated Types) (England and Wales) Order 2023 (S.I. 2023/1164). Article 3 of the Dangerous Dogs (Designated Types) (England and Wales) Order 2023 further provides that the day appointed under section 1(3) in respect of dogs of the XL Bully breed type is 31st January 2024. This means that the possession or custody of a dog of the XL Bully breed type will be prohibited in England and Wales after this date.

Part 2 of this Order establishes a compensation scheme in respect of dogs of the XL Bully breed type which are arranged to be euthanised before 31st January 2024. Article 3(1) provides that a person who owns a dog of the XL Bully breed type and arranges for the dog to be euthanised before that date may make an application for compensation to the Secretary of State. Article 3(3) provides that, if the Secretary of State is satisfied that such an application has been duly made, the Secretary of State must arrange for the payment of the specified amount to the applicant.

Part 3 establishes an exemption scheme under which owners of dogs of the XL Bully breed type may apply for an exemption from the prohibition in section 1(3) that will apply in respect of the possession of dogs of the XL Bully breed type on or after 1st February 2024 (“the section 1(3) prohibition”).

Article 5 makes provision for an exemption to the section 1(3) prohibition where the Secretary of State has issued a certificate of exemption in respect of the dog and the certificate remains valid.

Article 6 makes provision in relation to applications for a certificate of exemption and specifies who may apply for a certificate of exemption. Article 7 specifies what must be included in a certificate of exemption and the requirements that the holder must comply with for the certificate of exemption to remain valid. Certain requirements will apply throughout the lifetime of the dog. The requirements relating to neutering and microchipping (where applicable) in articles 9 and 10 must be met by the dates specified in those articles.

Article 11 makes provision for replacement certificates to be issued in certain circumstances and also provides for the withdrawal of a certificate of exemption on the request of the holder of the certificate.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.