Article 2 Amendment of the Dangerous Dogs Exemption Schemes (England and Wales) Order 2015

(1)

The Dangerous Dogs Exemption Schemes (England and Wales) Order 2015^f1 is amended as follows.

(2)

In article 4 (exemption scheme conditions and requirements)—

(a)

in paragraph (2)—

(i)

in sub-paragraph (a), for “6” substitute “6(1)”;

(ii)

in sub-paragraph (b), for “7” substitute “7(1)”;

(b)

in paragraph (3), for “6 to 9” substitute “6(1), 7(1), 8 and 9”.

(3)

For article 6 (neutering) substitute—

“6.

(1)

A dog that is to be exempted from the prohibition in section 1(3) of the Act must be neutered by a veterinary surgeon unless—

(a)

the dog is already neutered to the satisfaction of the Agency^f2; or

(b)

in the case of a dog that is of the type known as the XL Bully, it was less than 16 months old on the date on which the court made the contingent destruction order under section 4A or 4B of the Act^f3 in respect of the dog.

(2)

Where a certificate of exemption is issued under article 9(1) in respect of a dog to which paragraph (1)(b) applies, the holder of the certificate of exemption must ensure that the dog is neutered by a veterinary surgeon on or before the date on which the dog is 18 months old.

(3)

In this article—

“neutered” means—

(a)

in relation to a male dog, castrated;

(b)

in relation to a female dog, spayed;

“veterinary surgeon” means a person registered in the register of veterinary surgeons or the supplementary veterinary register kept under the Veterinary Surgeons Act 1966^f4. ”.

(4)

For article 7 (microchipping) substitute—

“7.

(1)

A dog that is to be exempted from the prohibition in section 1(3) of the Act must be implanted with a microchip unless—

(a)

the dog is already microchipped to the satisfaction of the Agency; or

(b)

the Agency is satisfied that the dog was unfit to be microchipped on the date on which the court made the contingent destruction order under section 4A or 4B of the Act in respect of the dog.

(2)

Where a certificate of exemption is issued under article 9(1) in respect of a dog to which paragraph (1)(b) applies, the holder of the certificate of exemption must ensure that the dog is implanted with a microchip within the period of 28 days beginning with the day on which the dog first becomes fit to be microchipped.

(3)

For the purposes of paragraph (1)(b), a dog is only unfit to be microchipped on the date on which the court made a contingent destruction order under section 4A or 4B of the Act in respect of the dog if a certificate has been issued under regulation 4(1) of the Microchipping of Cats and Dogs (England) Regulations 2023^f5 or regulation 3(2) of the Microchipping of Dogs (Wales) Regulations 2015^f6 which confirms that the dog will not be fit to be microchipped on or before that date.”.

(5)

In article 8 (third-party insurance)—

(a)

for paragraph (1) substitute—

“(1)

The owner or person in charge of the dog to be exempted from the prohibition in section 1(3) of the Act must have in place a policy of insurance in respect of the dog which complies with paragraph (2).”;

(b)

after paragraph (1), insert—

“(1A)

The owner or person in charge of a dog that is exempt under this Part from the prohibition in section 1(3) of the Act must have in place a policy of insurance in respect of the dog which complies with paragraph (2) and is renewed annually throughout the lifetime of the dog.”.

(6)

In article 9(1) (issue of certificate of exemption)—

(a)

in sub-paragraph (b), for “£77.00 plus Value Added Tax” substitute “£92.40”;

(b)

in sub-paragraph (c), for “6 to 8” substitute “6(1), 7(1) and 8(1)”.

(7)

In article 10(1) (requirements attached to certificate of exemption)—

(a)

omit sub-paragraph (d);

(b)

in sub-paragraph (h)—

(i)

after “to”, in the second place it occurs, insert “the Agency or”;

(ii)

for “8” substitute “8(1A)”;

(iii)

for “that person” substitute “the Agency or that person (as the case may be)”;

(c)

at the end of sub-paragraph (i) insert—

“;

(j)

where applicable, to satisfy the Agency that the requirement in article 6(2) has been met in respect of the dog;

(k)

where applicable, to satisfy the Agency that the requirement in article 7(2) has been met in respect of the dog”.

(8)

In Part 3 (substitution of person in charge of dog exempted under Part 2)—

(a)

in the heading, for “Dog Exempted under Part 2” substitute “an Exempted Dog”;

(b)

for article 12 (conditions for substitution of person in charge of exempted dog) substitute—

“12.

A person may apply to a magistrates’ court to be substituted as the person in charge of a dog if—

(a)

the dog is exempt from the prohibition in section 1(3) of the Act by virtue of a certificate of exemption issued under Part 2 of this Order or Part 3 of the Dangerous Dogs (Compensation and Exemption Schemes) (England and Wales) Order 2023^f7 (in this Part referred to as “the original certificate of exemption”); and

(b)

the person to whom that certificate of exemption has been issued is unable to continue to be in charge of the dog by reason of—

(i)

the death of that person; or

(ii)

the serious illness of that person.”.

(c)

in article 13 (procedure for application)—

(i)

in paragraph (2)(b)—

(aa)

in paragraph (i), for “12(a)” substitute “12(b)(i)”;

(bb)

in paragraph (ii), for “12(b)” substitute “12(b)(ii)”;

(ii)

in paragraph (2)(c)(i), for “12(a) or 12(b)” substitute “12(b)(i) or (ii)”;

(d)

in article 14(e) (details to be given to the police), after “the”, in the second place it occurs, insert “original”;

(e)

in article 16 (effect of making an application)—

(i)

renumber the existing text as paragraph (1);

(ii)

in paragraph (1)(a)—

(aa)

in paragraph (i), for “12(a)” substitute “12(b)(i)”;

(bb)

in paragraph (ii), for “12(b)” substitute “12(b)(ii)”;

(iii)

in paragraph (1)(b), omit the words from “until” to the end;

(iv)

after paragraph (1) insert—

“(2)

The dog continues to be exempt from the prohibition in section 1(3) of the Act by virtue of the original certificate of exemption until—

(a)

such time as the application has been determined and the court has not granted the application pursuant to article 15; or

(b)

where the application has been granted pursuant to article 15, such time as the Agency has issued a certificate of exemption to the applicant under article 18 or, where applicable, the court has otherwise directed.”;

(f)

in article 18(1)(b) (issue of certificate of exemption to the applicant), for “£77.00 plus Value Added Tax” substitute “£92.40”.

(9)

In article 22(1)(a) (interim exemption scheme conditions and requirements)—

(a)

in paragraph (i), for “in accordance with article 6” substitute “within the meaning given in article 6(3)”;

(b)

in paragraph (ii), for “microchipped in accordance with article 7” substitute “implanted with a microchip”;

(c)

in paragraph (iii)—

(i)

for “obtained” substitute “in place”;

(ii)

for “8” substitute “8(1A)”.

Annotations

Footnotes

f1: S.I. 2015/138, amended by S.I. 2023/1407.
f2: For the meaning of “the Agency”, see article 2 of S.I. 2015/138.
f3: Section 4A was inserted by section 2 of the Dangerous Dogs (Amendment) Act 1977 (c. 53) and amended in relation to England and Wales by section 106(4) of the Anti-social Behaviour, Crime and Policing Act 2014 (c. 12); section 4B was inserted by section 3 of Dangerous Dogs (Amendment) Act 1977 and amended in relation to England and Wales by section 107(4) of the Anti-social Behaviour, Crime and Policing Act 2014.
f4: 1966 c. 36.
f5: S.I. 2023/468.
f6: S.I. 2015/1990 (W. 300).
f7: S.I. 2023/1204, amended by S.I. 2024/721.