Article 8 Third-party insuranceI1

Scotland

(1)

A person who, or a rehoming organisation which, applies for a certificate of exemption must have in place a policy of insurance in respect of the dog identified in the application which comes into effect no later than—

(a)

1 August 2024, or

(b)

where the court has made an order referred to in article 6(5)(a) in respect of the dog, the date of the application,

and which complies with paragraph (3).

(2)

The holder of a certificate of exemption must have in place a policy of insurance in respect of the dog identified in the certificate which complies with paragraph (3) and is—

(a)

renewed annually throughout the lifetime of the dog, or

(b)

replaced whenever necessary to ensure continuous cover throughout the lifetime of the dog with a new policy which complies with that paragraph.

(3)

Subject to paragraph (4), a policy of insurance for the purposes of paragraph (1) or (2) must insure the applicant for or holder of the certificate of exemption in respect of the death of, or bodily injury to, any person caused by the dog.

F1(3A)

Paragraphs (1) to (3) do not require an applicant for or holder of a certificate of exemption to obtain or renew a policy of insurance in respect of the dog on or after 1 July 2026.

(3B)

Paragraph (3A) is without prejudice to the requirement for a holder of a certificate of exemption to maintain in force a policy of insurance in respect of the dog obtained before 1 July 2026 where the cover provided by that policy has not yet expired.

(4)

A policy of insurance under this article—

(a)

may contain terms, conditions, limitations and exclusions subject to which the policy is issued, and

(b)

need not provide insurance in respect of the death of, or bodily injury to—

(i)

a member of the policyholder’s family who resides permanently with the policyholder, or

(ii)

a person in respect of whom the policyholder is required to maintain a policy of insurance by virtue of the Employers’ Liability (Compulsory Insurance) Act 1969^f1.

Annotations

Textual amendments

F1: Art. 8(3A)(3B) inserted (1.7.2026) by The Dangerous Dogs (Compensation and Exemption Schemes) (Miscellaneous Amendment) (Scotland) Order 2026 (S.S.I. 2026/204), arts. 1, 3(3)

Commencement

I1: Art. 8 in force at 1.4.2024, see art. 1(1)

Footnotes

f1: 1969 c. 57.