Scotland - Breed Specific Legislation Update

 XL Bully - New Law Coming Into Force:

New rules will come into force on 23 February 2024 - subject to approval by the Scottish Parliament.

It will be an offence in Scotland to:

- have an XL Bully in public without a lead and muzzle

- breed or breed from an XL Bully dog

- sell an XL Bully dog

- abandon an XL Bully dog or let it stray

- give away an XL Bully dog

It will be illegal to rehome, sell, buy, or transfer ownership of an XL Bully dog to another person. Rehoming organisations can not rehome XL Bully dogs.

The definition used for an XL Bully dog is the same as the UK Government. 

If you are not sure if a dog in your care is an XL Bully, use the DEFRA GOV guide to check if a dog is an XL Bully.  If you are still unsure about your dog after doing this, it is recommended that you should follow the rules in the guide as a precaution.

Exemption certificates from 31 July 2024:

From 31 July 2024 you must have an exemption certificate - or have applied for one - to own an XL Bully dog. 

Full details about the exemption certificate scheme including the start date, costs and how to apply will be announced soon - the Scottish Government has not yet announced how owners will be able to apply for a Certificate of Exemption.

Pet Abduction Bill - Latest Progress

 A Private Members’ Bill introduced by Anna Firth MP, to create offences of dog abduction and cat abduction and to confer a power to make corresponding provision relating to the abduction of other animals commonly kept as pets.

In January 2024 the Bill had taken a significant step forward with the announcement of government backing for new legislation.

The Pet Abduction Bill introduces new criminal offences in relation to the taking or detaining of a dog from the lawful control of any person. Anyone found guilty of stealing a pet will face up to five years in prison, a fine, or both.

There is currently no legislation aimed at addressing pet theft specifically. Animals fall under the definition of property in legislation, and as such pet theft is dealt with under the Theft Act 1968.  Campaigners have called for stronger legislation that reflects the emotional value of pets to their owners and the distress associated with their theft.

Introduced into the House of Commons on 6^th December 2023.

1^st reading – was on 6^th December 2023

2^nd reading –  was on 19^th January 2024

Committee Stage – 31^st January 2024

The Bill is now due to have its report stage and third reading on Friday 23 February.

Amendments can be made to the Bill at Report Stage.

Amendments to be considered are selected by the Speaker.

Evidence from the Pet Theft Taskforce suggests that around 2,000 dog theft and over 400 cat theft crimes were reported to police in 2020, causing considerable distress for owners and their pets alike. With an estimated 28% of UK adults owning a dog and 24% owning a cat, pet theft is a major concern to the public.