The Dangerous Dogs Exemption Schemes (England and Wales) Order 2015

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 certain types of dogs specified in section 1 (dogs bred for fighting) or specified in an order made under it is prohibited. The court must order the destruction of such a prohibited dog on conviction of an offence under section 1 of the Act, where such a dog is seized and no person is to be prosecuted, or on conviction of an offence under section 3 (having a dog dangerously out of control). However if the court is satisfied that the prohibited dog is not a danger to public safety under section 4(1A) or 4B of the Act, rather than make an immediate destruction order, it must order the contingent destruction of the dog. A contingent destruction order enables the dog to be exempted from the prohibition in section 1(3).

Section 1(5) of the Act provides for the creation of schemes under which the dog may be exempted. This Order revokes and replaces the Dangerous Dogs Compensation and Exemption Schemes Order 1991 (“the 1991 Order”) in relation to England and Wales. It creates two schemes of exemption for the purposes of section 1(5) of the Act. This Order does not affect the operation of the 1991 Order in Scotland.

Part 2 of the Order applies when a court makes a contingent destruction order enabling the dog to be exempted. It sets out the conditions that are to be met for a dog to be exempted and the enduring requirements to be complied with if the dog is to remain exempt.

Part 3 provides that a person, other than the person determined by a court under section 4(1B) or 4B(2A) of the Act or under this Part, as being a fit and proper person to be in charge of a dog, may apply to be in charge of an exempted dog. This Part only applies when the person who has been in charge of the dog dies or is seriously ill. Articles 13 to 15 set out the procedure to be followed in relation to an application. Article 16 states the effect of making an application and article 17 sets out the requirements on the court on a successful application. Article 18 provides for the issue of a new certificate of exemption to a successful applicant. Article 19 states that where there is a failure to comply with the requirements attached to a certificate of exemption issued under article 18 the dog is not exempt.

Part 4 creates an interim exemption scheme when a dog suspected to be a prohibited type has been seized by the police. It permits a chief officer of police to exempt the dog on an interim basis if satisfied the dog is not a danger to public safety and to release the seized dog before a court makes a final determination. Article 21 sets out the test the chief officer of police must apply when determining whether the seized dog is a danger to public safety. Article 22 sets out the conditions and requirements that have to be met for a suspected prohibited dog to become and remain exempt on an interim basis. Article 23 sets out the timescales for the release of the dog under the interim exemption scheme. Article 24 provides for the recovery of expenses by the police from the person to whom the dog is released, if the police arrange for the microchipping or neutering of the dog. Article 25 sets out the further requirements that must be met by a person in interim charge of a dog. Article 26 provides the interim exemption ceases on final determination by the court or if a decision is taken not to commence or continue proceedings in respect of the dog.

Articles 27 and Article 28 contain revocations and a saving.

An impact assessment has not been produced for this instrument as no impact on the costs of the private or voluntary sectors is foreseen.