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 is designated for the purposes of Article 25A of The Dogs (Northern Ireland) Order 1983 (“the 1983 Order”) by Article 2 of the Dangerous Dogs (Designated Types) Order (Northern Ireland) 2024.

Article 3 of that Order further provides that the day appointed under Article 25A(1)(c) in respect of dogs of the XL Bully type is 31st December 2024. This means that the possession or custody of a dog of the XL Bully type will be prohibited after this date.

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

Article 4(1) provides that if a rehoming organisation arranges for an XL Bully type dog to be euthanised before 31st December 2024, it may apply to the Department for compensation towards veterinary costs. Article 4(2) specifies what evidence must be included in an application and that applications must be made on or before 28th February 2025.

Part 3 establishes an exemption scheme under which owners of dogs of the XL Bully type may apply for an exemption from the prohibition under Article 25A that will apply in respect of the possession of dogs of the XL Bully type on or after 1st January 2025 (“the Article 25A prohibition”).

Article 5 makes provision for an exemption from Article 25A(3) of the 1983 Order where the relevant district council has issued a certificate of exemption in respect of the dog and the certificate remains valid. It also makes provision for an exemption to apply where an application for a certificate has been made timeously and is still pending, and for a “grace period” of 14 days following notification of refusal of an application, to allow time for the owner to have the dog euthanised. This will apply only where notification is received on or after 17th December 2024, as it may then be impossible to arrange for the dog to be euthanised before 1st January 2025. Where the holder of a certificate of exemption dies, the certificate of exemption remains valid for a limited period as provided for by Article 5(5)(b), so long as the conditions of exemption are adhered to. A keeper who inherits the dog may make a new application for a certificate of exemption in their own name in accordance with Article 6(7).

Article 6 makes provision in relation to applications for a certificate of exemption and specifies who may apply for a certificate and the fee for an application (£92.40). An application for exemption must be made by no later than 31st December 2024, other than for postal applications (where the deadline is 15th December 2024) and for applications under Article 6(7), where the application must be made within three months of the death.

Article 7 specifies what must be included in a certificate of exemption and the conditions that the holder must comply with for the certificate to remain valid. Certain requirements will apply throughout the lifetime of the dog.

Article 8 specifies the requirement for third-party insurance. 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 the situation where the holder of a certificate of exemption is a rehoming organisation which wishes to relocate the dog from the premises at which it was previously kept to other premises occupied by the organisation. District councils are empowered to vary the certificate of exemption in these circumstances.

Article 12 makes provision for replacement certificates to be issued in certain circumstances.