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

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Third-party insurance

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8.—(1) A person who, or a rehoming organisation which, applies for a certificate of exemption must have in place a policy of insurance in respect of the dog identified in the application which comes into effect no later than—

(a)1 August 2024, or

(b)where the court has made an order referred to in article 6(5)(a) in respect of the dog, the date of the application,

and which complies with paragraph (3).

(2) The holder of a certificate of exemption must have in place a policy of insurance in respect of the dog identified in the certificate which complies with paragraph (3) and is—

(a)renewed annually throughout the lifetime of the dog, or

(b)replaced whenever necessary to ensure continuous cover throughout the lifetime of the dog with a new policy which complies with that paragraph.

(3) Subject to paragraph (4), a policy of insurance for the purposes of paragraph (1) or (2) must insure the applicant for or holder of the certificate of exemption in respect of the death of, or bodily injury to, any person caused by the dog.

(4) A policy of insurance under this article—

(a)may contain terms, conditions, limitations and exclusions subject to which the policy is issued, and

(b)need not provide insurance in respect of the death of, or bodily injury to—

(i)a member of the policyholder’s family who resides permanently with the policyholder, or

(ii)a person in respect of whom the policyholder is required to maintain a policy of insurance by virtue of the Employers’ Liability (Compulsory Insurance) Act 1969(1).

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