Listen to our Crime expert, Rachel Mason, as she speaks to LBC News (Global Radio) about the recently updated XL Bully Legislation:
In a decisive move to enhance public safety following a concerning rise in fatal attacks, the UK government has added the XL Bully to the list of banned breeds, subject to certain requirements. These laws, as part of the Dangerous Dogs Act, fulfil the government’s pledge to ‘ban’ the breed by year-end.
Solicitor Rachel Mason from the Crime team at Slater Heelis comments on the changes:
“Now we have clarity on the changes to legislation surrounding XL Bully dogs, owners need to act quickly to avoid prosecution and to protect their dogs. Owners need to pay the £92.40 administration charge to apply to get their XL Bully added to the Index of Exempted Dogs by 31st January 2024. The dog must be microchipped, kept on a lead and muzzled at all times when in public and kept in a secure place so it cannot escape. Owners must also take out insurance against their dog injuring other people. If the dog is classed as an adult which is 1 year and older on 31 January 2024, then the dog must also be neutered by 30 June 2024. If the dog is less than 1 year old on 31 January 2024 then it must be neutered by 31 December 2024. Failure to adhere to these rules will mean the dog can be seized at any time by the police or dog warden. The owner will then need to prove in court that their dog is not dangerous and may risk a criminal conviction.”
Legal implications
The regulations carry a plethora of legal implications for existing and aspiring XL Bully owners, breeders, and even pet shops in England and Wales.
Rachel elaborates, “It is now also very clear that breeding, selling, advertising, rehoming, abandoning or allowing an XL Bully to stray will be illegal and if found guilty, owners could face a fine, community order or even up to 6 months in prison. From 31st December this year, all XL Bully dogs will need to be on a lead and muzzled in public. It also needs to be kept in a secure setting so gardens must be secure and safe from escape. If found to be in breach of the law under section 1 of the Dangerous Dogs Act, penalty fines and even prison could be the result and destruction orders given. It’s also worth noting that even if your dog is added to the exempt list but is found to be acting dangerously and out of control, you can still be prosecuted under section 3 of the same Act.”
Specifics of the new regulations
- Illegal Activities: From the end of the year, it will be illegal to breed, sell, advertise, exchange, gift, rehome, abandon or allow XL Bully dogs to stray.
- Handling in Public: These dogs must be kept on a lead and muzzled in public starting 31st December, with owners advised to train their dogs for these changes beforehand.
- Breeding: Breeders are to cease mating these dogs in preparation for the upcoming regulations.
- Registration and Ownership: Owners must register their XL Bully dogs on the Index of Exempted Dogs by 31st January 2024. From 1st February 2024, owning an unregistered XL Bully dog becomes illegal, with owners facing a criminal record, an unlimited fine, and potential seizure of their dog without a Certificate of Exemption.
- Neutering: Dogs under one year must be neutered by year-end, while older dogs must be neutered by the end of June.
Environment Secretary, Thérèse Coffey, has stated:
“We are taking quick and decisive action to protect the public from tragic dog attacks and today I have added the XL Bully type to the list of dogs prohibited under the Dangerous Dogs Act. It will soon become a criminal offence to breed, sell, advertise, rehome or abandon an XL Bully-type dog, and they must also be kept on a lead and muzzled in public. In due course, it will also be illegal to own one of these dogs without an exemption.”
Our expert, Rachel Mason, advises:
“My advice to owners would be to act now, start using a muzzle in public so the dog can adapt and make an appointment to have the dog neutered to avoid any potential backlog in appointments.”
How can Slater Heelis assist me?
The new legislation regarding XL Bully dogs imposes a set of legal obligations on owners to ensure public safety. Adherence to these guidelines is crucial to avoid legal repercussions. If you have a legal query related to this legislation, get in touch with our team using the form below.