16/11/2023
FURTHER ADVICE FOR XL BULLY OWNERS
EXEMPTION SCHEME FOR XL BULLIES
The government have now published details of the exemption scheme for XL bullies:
https://www.gov.uk/government/publications/apply-for-a-certificate-of-exemption-by-email-or-post-to-keep-an-xl-bully-dog
Applications made by post must be received by the Dogs Index by 15/01/2024 and applications made online must be made by 12 noon on 31/01/2024.
APPLICATION PROCESS
To apply for a certificate of exemption you must be at least 16 years of age and your dog must be:
• Neutered
• Microchipped
• Have third-party insurance (available by taking out £25.00 annual membership with Dogs Trust)
• Pay the exemption fee of £92.40
CONDITIONS OF EXEMPTION
Once a dog is exempted, possession of it will be lawful provided the conditions of exemption are complied with for the rest of the dog’s life. Those conditions include:
• Keeping the dog on a lead and muzzle in public
• Keeping the dog at the same address as the holder of the certificate of exemption save for any 30 days in a 12-month period
• Keeping a policy of third-party insurance in place
• Keeping the dog in sufficiently secure conditions to prevent its escape
It is also illegal to sell, advertise for sale, transfer, give away, abandon or allow to stray a prohibited type of dog. It is only possible to rehome an exempted dog if the keeper dies or becomes seriously ill and unable to look after the dog and an application to the court must be made to transfer the dog to a new keeper.
ASSESSING AN XL BULLY
The exemption process for XL bullies in England and Wales differs greatly from the system in place for other types of prohibited dogs. For the 4 other prohibited types of dog (Pit Bull Terrier, Japanese Tosa, Fila Brasileiro and Dogo Argentino) the police assess a dog and determine whether it is a prohibited type and if so, the owner is taken to court under either civil or criminal proceedings. If the court finds the dog is a prohibited type, then they decide whether the dog poses danger to the public and if the owner is a fit and proper person. If they are satisfied on both counts then they can issue a contingent destruction order which allows the owner to apply to the Dogs Index at DEFRA for a certificate of exemption.
The procedure for XL bullies is completely different. Anyone who thinks their dog may be an XL bully can apply for a certificate of exemption and neither owner or dog are assessed or vetted in any way. So the dogs that the government say are so dangerous they need to be banned will be added onto the list of exempted dogs without making any of the usual checks that would be made for any of the other types of prohibited dog.
Also, owners will not be able to call on the services of police experts to examine their dogs and tell them whether they fall within the government definition. Instead owners are expected to examine their dogs against the government breed standard and photographs and decide whether or not their dog is an XL bully.
(https://www.gov.uk/government/publications/official-definition-of-an-xl-bully-dog/official-definition-of-an-xl-bully-dog)
In assessing dogs against the standard, the first point to measure is the height from the ground to the withers (the highest point on the shoulder). If they do not meet the minimum height requirement (19” for a female and 20” for a male) then they cannot be considered to be an XL bully and you do not need to assess them any further against the breed standard.
The government advice is to take a precautionary approach and if you are not sure then assume that your dog is an XL bully and apply for exemption.
We had hoped to be able to assist owners by offering Zoom assessments of their dogs by experts, but unfortunately this is not going to be possible due to the difficulties involved in doing a remote assessment and the sheer volume of enquiries we are receiving.
PROBLEMS WITH LANDLORDS
Some housing providers do not allow prohibited types of dogs in their properties. You will need to check the wording of your tenancy agreement. If your landlord refuses permission for your XL bully to remain in your home it may be possible to challenge that decision. We will provide further information on this as soon as we can.
COMPENSATION SCHEME
If you decide not to keep your XL bully dog then there is a government scheme to compensate owners towards the cost of having it euthanised. The owner and the vet will have to fill out a claim form.
WHAT WILL HAPPEN TO UNEXEMPTED XL BULLIES AFTER 31.01.24?
One of the problems with the government breed standard is that it is vague and there is a real risk that other breeds of dog will fall within the definition of an XL bully. This will be easier to challenge if the dog is a clearly identifiable other breed, such as a rottweiler or another Kennel Club recognised breed. Owners of dogs that fall into this category will have to decide whether to put their dogs through the exemption process making them subject to stringent conditions for life, or not do so and risk seizure and possible prosecution.
Use this form to apply for a Certificate of Exemption for up to 30 XL bully dogs by email or post.
