Explanatory note

This Order amends the Dangerous Dogs Exemption Schemes (England and Wales) Order 2015 (S.I. 2015/138) (“the 2015 Order”), the Dangerous Dogs (Compensation and Exemption Schemes) (England and Wales) Order 2023 (S.I. 2023/1204) and the Dangerous Dogs (Exemption Schemes and Miscellaneous Provisions) (England and Wales) Order 2023 (S.I. 2023/1407).

Article 2 amends Part 2 of the 2015 Order which sets out an exemption scheme in relation to the types of dog to which section 1 of the Dangerous Dogs Act 1991 (c. 65) (“the Act”) applies and enables the owner or person in charge of such a dog to apply for a certificate of exemption where the court has made a contingent destruction order under section 4A or 4B of the Act. Article 2(3) disapplies the condition currently in article 6 of the 2015 Order, which requires a dog to be neutered as a pre-condition of exemption, in relation to a dog of the XL Bully type which was less than 16 months old when the contingent destruction order in respect of the dog was made. Article 2(4) disapplies the condition currently in article 7 of the 2015 Order, which requires a dog to be implanted with a microchip as a pre-condition of exemption, in relation to a dog that was unfit to be implanted with a microchip when the contingent destruction order in respect of the dog was made. New requirements are inserted in articles 6, 7 and 10 of the 2015 Order requiring such a dog to be neutered or implanted with a microchip within certain periods after the certificate of exemption in respect of the dog has been issued under article 9 of the 2015 Order.

Article 2(6) and (8)(f) amends articles 9(1) and 18(1) of the 2015 Order to re-state the fee payable in respect of applications for a certificate of exemption under Parts 2 and 3 of the 2015 Order. The reference in each case to £77.00 plus Value Added Tax is replaced with an overall figure of £92.40 which represents the total amount of fee which is currently payable.

Article 2(7) amends the requirements in article 10 of the 2015 Order in relation to third-party insurance. Articles 3(2) and 4(2) make similar amendments to article 7 of the Dangerous Dogs (Compensation and Exemption Schemes) (England and Wales) Order 2023 and article 5 of the Dangerous Dogs (Exemption Schemes and Miscellaneous Provisions) (England and Wales) Order 2023 as regards the exemption schemes in those Orders. The new requirements require the holder of a certificate of exemption to provide confirmation to the Secretary of State of compliant third-party insurance within five days of being requested to do so.

Article 2(8) extends Part 3 of the 2015 Order to dogs of the XL Bully type which are exempt under Part 3 of the Dangerous Dogs (Compensation and Exemption Schemes) (England and Wales) Order 2023, to allow a new person to apply to be in charge of such a dog where the registered keeper of the dog dies or becomes seriously ill.

Article 2(9) makes minor amendments to Part 4 of the 2015 Order.

Article 3(3) amends article 9(2) of the Dangerous Dogs (Compensation and Exemption Schemes) (England and Wales) Order 2023 in relation to XL Bully dogs that were less than 7 months old on 31st January 2024. It extends the date by which the owners of such dogs who have been issued with a certificate of exemption under that Order must provide the Secretary of State with confirmation that their dog has been neutered to 30th June 2025.

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.