OpenLegislation

Article 9 Issue of certificate of exemption

England and Wales

F1(1)

F2Subject to paragraph (2), the Agency must issue a certificate of exemption in respect of the dog if it is satisfied that—

(a)

the court, in determining that the dog is not a danger to public safety, has decided the person to whom the certificate is to be issued is a fit and proper person to be in charge of the dog and has made the dog subject to a contingent destruction order;

(b)

a fee of F3£92.40 has been paid to the Agency; and

(c)

the conditions referred to in articles F46(1) F5and 7(1) have been met.

F6(2)

Where the dog is a dog of the type known as the XL Bully that is owned by a rehoming organisation to which a certificate of exemption had been issued in respect of the dog under Part 2 of the Dangerous Dogs (Exemption Schemes and Miscellaneous Provisions) (England and Wales) Order 2023, a certificate of exemption may not be issued by the Agency under paragraph (1) unless it is issued to that rehoming organisation.

Annotations

Textual amendments

F1

Art. 9 renumbered as art. 9(1) (31.12.2023) by The Dangerous Dogs (Exemption Schemes and Miscellaneous Provisions) (England and Wales) Order 2023 (S.I. 2023/1407), arts. 1(2)(b), 11(4)(a)

F2

Words in art. 9(1) substituted (31.12.2023) by The Dangerous Dogs (Exemption Schemes and Miscellaneous Provisions) (England and Wales) Order 2023 (S.I. 2023/1407), arts. 1(2)(b), 11(4)(b)

F3

Sum in art. 9(1)(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(6)(a)

F4

Words in art. 9(1)(c) 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(6)(b)

F5

Words in art. 9(1)(c) substituted (1.7.2026) by The Dangerous Dogs (Exemption Schemes) (England and Wales) (Amendment) Order 2026 (S.I. 2026/602), arts. 1(2), 2(4)

F6

Art. 9(2) inserted (31.12.2023) by The Dangerous Dogs (Exemption Schemes and Miscellaneous Provisions) (England and Wales) Order 2023 (S.I. 2023/1407), arts. 1(2)(b), 11(4)(c)