Article 15 Court determination
England and Wales
(1)
The court may only grant the application for substitution of the applicant as the person in charge of an exempted dog if satisfied that the dog does not constitute a danger to public safety.
(2)
In determining whether the dog constitutes a danger to public safety the court—
(a)
must consider—
(i)
the temperament of the dog including its past behaviour; and
(ii)
whether the applicant is a fit and proper person to be in charge of the dog; and
(b)
may consider any other relevant circumstances.
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)