Article 6 Application for a certificate of exemptionI1

Scotland

(1)

A natural person may apply for a certificate of exemption in respect of a dog if the person is aged 16 or older and owns the dog.

(2)

A rehoming organisation may apply for a certificate of exemption in respect of a dog if it owns the dog and—

(a)

the dog was taken into its care before 23 February 2024, or

(b)

the dog is a puppy born before the appointed day to a female dog which was in the care of the rehoming organisation at the time of its birth, having been taken into the care of the rehoming organisation before 23 February 2024.

(3)

An application for a certificate of exemption must contain such particulars, be in such form and be accompanied by such evidence as the Scottish Ministers may reasonably require.

(4)

A person applying for a certificate of exemption must pay the Scottish Ministers a fee of £92.40.

(5)

On receipt of an application for a certificate of exemption, the Scottish Ministers must grant the application and issue a certificate of exemption in respect of the dog to which the application relates if—

(a)

except where the court has made an order in respect of the dog under section 4A(1) or 4B(3)^f1 of the Act (contingent destruction orders and destruction orders otherwise than on a conviction), the application for the certificate is made at or before the relevant time,

(b)

the Scottish Ministers are satisfied that the application meets the requirements referred to in paragraph (3),

(c)

the application fee referred to in paragraph (4) has been paid to the Scottish Ministers, and

(d)

except where the court has made an order referred to in sub-paragraph (a) in respect of the dog, the application fee has been paid to the Scottish Ministers at or before the relevant time.

(6)

For the purposes of paragraph (5) and unless paragraph (7) applies, an application is made, and the application fee in relation to that application is paid, at or before the relevant time if—

(a)

in the case of an application sent by post, the application and the application fee are received by the Scottish Ministers on or before 15 July 2024,

(b)

in the case of an application that is submitted electronically, the application and the application fee are submitted on or before the appointed day.

(7)

This paragraph applies where a certificate of exemption has been issued to an original holder who has died.

(8)

Where paragraph (7) applies, a natural person who has inherited the dog in respect of which the certificate of exemption referred to in that paragraph was issued may apply for a certificate of exemption in respect of that dog naming the applicant as the original holder, and such an application—

(a)

is made, and the application fee in relation to that application is paid (both for the purposes of paragraph (5)), at or before the relevant time if they are received by or submitted to the Scottish Ministers before the date which is three months after the date of death of the original holder referred to in paragraph (7),

(b)

must meet the requirements in paragraphs (1), (3) and (4).

Annotations

Commencement

I1: Art. 6 in force at 1.4.2024, see art. 1(1)

Footnotes

f1: Sections 4A and 4B were inserted by the Dangerous Dogs Amendment Act 1997 (c. 53) sections 2 and 3(1).