OpenLegislation

Article 4 Exemption scheme conditions and requirements

England and Wales

(1)

The prohibition in section 1(3) of the Act shall not apply to a dog provided that—

(a)

a court has determined that the dog is not a danger to public safety under section 4(1A) or 4B of the Act and has made the dog subject to a contingent destruction order under section 4A or 4B of the Act;

(b)

the conditions set out in paragraph (2) are met in respect of the dog within the time period set out in paragraph (3); and

(c)

the requirements attached to the certificate of exemption in accordance with article 10 are complied with throughout the lifetime of the dog.

(2)

The conditions referred to in paragraph (1)(b) are that—

(a)

the dog is neutered in accordance with article F16(1);

(b)

the dog is microchipped in accordance with article F27(1); F3and

F4(c)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)

a certificate of exemption is issued in accordance with article 9.

(3)

Subject to any extension granted by the court under section 4A(2) of the Act, the conditions in articles F56(1), 7(1) F6... and 9 must be complied with—

(a)

in the case of an adult dog, within two months beginning with the date the court makes a contingent destruction order;

(b)

in the case of a dog under the age of six months on the date the court makes a contingent destruction order, within one month of the dog attaining six months.

Annotations

Textual amendments

F1

Word in art. 4(2)(a) 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(2)(a)(i)

F2

Word in art. 4(2)(b) 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(2)(a)(ii)

F3

Word in art. 4(2) inserted (1.7.2026) by The Dangerous Dogs (Exemption Schemes) (England and Wales) (Amendment) Order 2026 (S.I. 2026/602), arts. 1(2), 2(2)(a)(i)

F4

Art. 4(2)(c) and word omitted (1.7.2026) by virtue of The Dangerous Dogs (Exemption Schemes) (England and Wales) (Amendment) Order 2026 (S.I. 2026/602), arts. 1(2), 2(2)(a)(ii)

F5

Words in art. 4(3) 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(2)(b)

F6

Word in art. 4(3) omitted (1.7.2026) by virtue of The Dangerous Dogs (Exemption Schemes) (England and Wales) (Amendment) Order 2026 (S.I. 2026/602), arts. 1(2), 2(2)(b)