The Dangerous Dogs Compensation and Exemption Schemes Order 1991

Explanatory Note

(This note is not part of the Order)

Section 1(3) of the Dangerous Dogs Act 1991 (the Act) provides that possession or custody of dogs to which section 1 of the Act applies will be prohibited after a day to be appointed. By virtue of the Dangerous Dogs Act 1991 (Commencement and Appointed Day) Order 1991 (S.I. 1991/1742), that day is 30th November 1991.

Part II of the Order sets out the compensation scheme for the purposes of section 1(3) of the Act. Provided the Agency appointed by the Secretary of State for the purposes of the Order (the Agency) are satisfied that the applicant was the owner of a dog to which section 1 applies which was notified to the police before 12th October 1991 and destroyed before 30th November 1991, the Secretary of State will make payments of £25 in the case of a pit bull terrier; £100 in the case of a Japanese Tosa or any other dog of a type designated in an Order under section 1(1)(c) of the Act. In addition, £25 is payable in respect of the costs of destruction of any such dog.

Part III of the Order sets out the exemption scheme for the purposes of section 1(5) of the Act. This part sets out the conditions which must be satisfied by 30th November 1991 in respect of any dog to be exempted from the prohibition on possession or custody of dogs to which section 1 applies. The conditions include notification to the police by 12th October 1991 in the case of an adult dog and by 30th November 1991 in the case of a dog which is less than 6 months old on that date; neutering and permanent identification; third party insurance; payment of a fee of £12.50 and value added tax thereon; the obtaining of a certificate of exemption from the Agency; and compliance with any requirements of the certificate. In the case of a dog which is less than 6 months old on 30th November 1991, the conditions (apart from notification to the police) may be complied with after that date provided they are complied with within one month of the dog’s attaining the age of 6 months. The certificate of exemption will include requirements to notify the Agency of any change of address of the dog for 30 days or more and of its death or export; to produce the certificate of exemption and display the dog’s permanent identification on request by an authorised person; to satisfy the Agency that the dog is currently insured; and to keep the dog in sufficiently secure conditions to prevent its escape. The Agency may impose other ancillary requirements.