The Dangerous Dogs (Compensation and Exemption Schemes) (Scotland) Order 2024

EXPLANATORY NOTE

(This note is not part of the Order)

This Order makes provision in respect of dogs of the type known as the XL Bully. The type of dog known as the XL Bully (“the XL Bully Breed type”) is designated for the purposes of section 1 of the Dangerous Dogs Act 1991 (“the 1991 Act”) by article 2 of the Dangerous Dogs (Designated Types) (Scotland) Order 2024. Article 3 of that Order further provides that the day appointed under section 1(3) in respect of dogs of the XL Bully Breed type is 31 July 2024. This means that the possession or custody of a dog of the XL Bully Breed type will be prohibited after this date.

Part 2 of this Order establishes a compensation scheme in respect of dogs of the XL Bully Breed type where arrangements are made before 31 July 2024 for such dogs to be euthanised. Article 3(1) provides that a person who owns a dog of the XL Bully Breed type and makes arrangements before that date for the dog to be euthanised may apply to the Scottish Ministers for compensation. Article 3(3) provides that, if the Scottish Ministers are satisfied that such an application has been duly made, the Scottish Ministers must arrange for the payment of the specified amount to the applicant.

Part 3 establishes an exemption scheme under which owners of dogs of the XL Bully Breed type may apply for an exemption from the prohibition in section 1(3) that will apply in respect of the possession of dogs of the XL Bully Breed type on or after 1 August 2024 (“the section 1(3) prohibition”).

Article 5 makes provision for an exemption from the section 1(3) prohibition where the Scottish Ministers have issued a certificate of exemption in respect of the dog and the certificate remains valid. It also makes provision for an exemption to apply where an application for a certificate has been made timeously and is still pending, and for a “grace period” of 14 days following notification of refusal of an application, to allow time for the owner to have the dog euthanised. This will apply only where notification is received on or after 17 July 2024, as it may then be impossible to arrange for the dog to be euthanised before 1 August. Where the holder of a certificate of exemption dies, the certificate of exemption remains valid for a limited period as provided for by article 5(6)(c), so long as the conditions of exemption are adhered to. A natural person who inherits the dog may make a new application for a certificate of exemption in their own name in accordance with article 6(8).

Article 6 makes provision in relation to applications for a certificate of exemption and specifies who may apply for a certificate and the fee for an application (£92.40). An application for exemption must be made by no later than 31 July 2024, other than for postal applications (where the deadline is 15 July 2024) and for applications under article 6(8), where the application must be made within three months of the death. There is no time limit for applications which are made following a court order under section 4A(1) or 4B(3) of the 1991 Act (contingent destruction orders and destruction orders otherwise than on conviction). Article 7 specifies what must be included in a certificate of exemption and the conditions that the holder must comply with for the certificate to remain valid. Certain requirements will apply throughout the lifetime of the dog. The requirements relating to neutering and microchipping (where applicable) in articles 9 and 10 must be met by the dates specified in those articles.

Article 11 makes provision for the situation where the holder of a certificate of exemption is a rehoming organisation which wishes to relocate the dog from the premises at which it was previously kept to other premises occupied by the organisation. The Scottish Ministers are empowered to vary the certificate of exemption in these circumstances.

Article 12 makes provision for replacement certificates to be issued in certain circumstances and also provides for the withdrawal of a certificate of exemption on the request of the holder.

Article 13 amends the Dangerous Dogs Compensation and Exemption Schemes Order 1991 to specify that it does not apply to dogs of the XL Bully Breed type and removes an existing requirement for permanent tattooing (in addition to microchipping) of other designated types of dog.