Article 13 Procedure for application

England and Wales

(1)

The applicant must provide details in accordance with article 14 to the chief officer of police for the area in which the applicant lives at least two weeks before making an application to the court.

(2)

An application must be made—

(a)

to the magistrates’ court in the applicant’s local justice area;

(b)

subject to any extension granted by the court under paragraph (5), no later than six weeks after the date—

(i)

of the death of the person in charge in the case of an application pursuant to article F112(b)(i) (death of person in charge), or

(ii)

of the official letter from the medical practitioner confirming the serious illness of the person in charge (“official letter”) in the case of an application pursuant to article F212(b)(ii) (serious illness of person in charge);

(c)

in writing and must include evidence—

(i)

of either circumstance mentioned in article F312(b)(i) or (ii) by way of a death certificate or an official letter from a medical practitioner (as appropriate),

(ii)

that the details have been provided to the chief officer of police in accordance with paragraph (1), and

(iii)

that the application has been served on the chief officer of police in accordance with paragraph (3).

(3)

The applicant must serve a copy of the application made to the court on the chief officer of police to whom the information set out in article 14 has been provided.

(4)

A court officer must notify the applicant and the chief officer of police on whom the application is served of the date the application is listed to be dealt with.

(5)

The court may extend the time limits set out in paragraph (2)(b) on application by the applicant if satisfied there is a good reason to do so.

(6)

Any failure by the applicant to comply with paragraph (2)(b) results in the dog no longer being exempt from the prohibition in section 1(3) of the Act.

Annotations

Textual amendments

F1: Word in art. 13(2)(b)(i) substituted (5.12.2024) by The Dangerous Dogs (Exemption Schemes) (England and Wales) (Amendment) (No. 2) Order 2024 (S.I. 2024/1149), arts. 1(2), 2(8)(c)(i)(aa)
F2: Word in art. 13(2)(b)(ii) substituted (5.12.2024) by The Dangerous Dogs (Exemption Schemes) (England and Wales) (Amendment) (No. 2) Order 2024 (S.I. 2024/1149), arts. 1(2), 2(8)(c)(i)(bb)
F3: Words in art. 13(2)(c)(i) substituted (5.12.2024) by The Dangerous Dogs (Exemption Schemes) (England and Wales) (Amendment) (No. 2) Order 2024 (S.I. 2024/1149), arts. 1(2), 2(8)(c)(ii)

Notes on Part 3

Textual amendments

F1: Words in Pt. 3 heading substituted (5.12.2024) by The Dangerous Dogs (Exemption Schemes) (England and Wales) (Amendment) (No. 2) Order 2024 (S.I. 2024/1149), arts. 1(2), 2(8)(a)