The Dangerous Dogs (Exemption Schemes and Miscellaneous Provisions) (England and Wales) Order 2023

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 (c. 65) (“the 1991 Act”) by article 2 of the Dangerous Dogs (Designated Types) (England and Wales) Order 2023 (S.I. 2023/1164).

Part 3 of the Dangerous Dogs (Compensation and Exemption Schemes) (England and Wales) Order 2023 (S.I. 2023/1204) established an exemption scheme under which individuals who own dogs of the XL Bully breed type may apply for an exemption from the prohibition in section 1(3) of the 1991 Act that will apply in respect of the possession of dogs of that type on or after 1st February 2024. Part 2 of this Order establishes a further exemption scheme under which organisations that rescue and rehome dogs may apply to the Secretary of State for a similar exemption in respect of any dogs of the XL Bully breed type that they took into their care on or before 31st October 2023.

Part 3 of this Order amends the Dangerous Dogs Exemption Schemes (England and Wales) Order 2015 (S.I. 2015/138) (“the 2015 Order”), which provides various exemptions from the prohibition in section 1(3) of the 1991 Act where a dog has been seized in relation to the offence in section 1(3).

Article 11(3) to (6) of this Order extends the court-order exemption scheme in Part 2 of the 2015 Order to dogs of the XL Bully breed type where the dog was exempted under Part 2 of this Order and the court makes a contingent destruction order under section 4A or 4B of the 1991 Act in respect of that dog.

Article 11(8) and (9) of this Order extends the interim exemption scheme in Part 4 of the 2015 Order to dogs of the XL Bully breed type which were exempted under Part 2 of this Order.

Part 4 of this Order restates article 3 of the Dangerous Dogs (Designated Types) (England and Wales) Order 2023 to provide that the appointed day for the purposes of section 1(3) and (4) of the 1991 Act in respect of dogs of the XL Bully breed type is 31st January 2024.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.