Legal Update 12th January 2024:
XL Bullies in Rescues LIFELINE – IMPORTANT UPDATE
LAW CHANGE - 12th January 2024
Statutory Instrument 2024 No.33 (England and Wales)
This new SI, laid before Parliament yesterday, is allowing rescue and rehoming organisations (that existed before 1/11/23) to apply for a certificate of exemption for any XL Bully type dog in their care, which was not rehomed by 31st December 2023.
The dog must have been taken into the rehoming organisation’s care on or before 30 December 2023.
This SI amends the previous one which established an exemption scheme via which rescue and rehoming organisations can apply for a certificate of exemption for an XL Bully type dog/s in their care but only if the dog was taken into their care by 31st October 2023 – this has now CHANGED and a rescue and rehoming organisation can now apply for exemption for any XL Bully type dog in their care that they owed before 31st December 2023.
The application deadline has been extended to 22nd January 2024 – DEFRA needs to have received the application by then – please check the criteria on the DEFRA website:
The rescue and rehoming organisation must be established – carrying out rescue and rehoming activities on or before 31st October 2023 to apply.
30th December 2023:
URGENT UPDATE FROM CARLA Carla Lane Animals in Need Liverpool
FOR IMMEDIATE PUBLICATION:
On 19 December DEFRA updated the guidance in relation to the XL bully ban, to include a restriction on rescues to the effect that any dogs who came into a rescue after 31 October 2023 would not be eligible for an exemption application via a rescue who wished to keep that dog instead of euthanizing where they were not rehomed.
The law has not been changed but we have been granted some further time for this specific issue to be considered fully by the Court, which means that dogs placed in rescues after 31 October are safe from destruction or seizure FOR NOW.
Late last night a High Court Judge ordered the following:
“No XL Bully dog may be seized from a Rehoming Organisation (‘RO’) as defined in SI 1407 (2023) (The Dangerous Dogs (Exemption Schemes and Miscellaneous Provisions (England and Wales) Order 2023 (‘the SI’) and/or destroyed for want of or ineligibility for a certification of exemption (as defined in the SI) on grounds that the dog was taken into the RO’s care after 31 October 2023 until the further Order of the Court.”
Note that this is a temporary injunction but nevertheless it gives breathing space for now.
There are various other serious and important matters to be heard by the Court in the near future, but for present purposes this ruling means that rescues now DO NOT AT THE MOMENT PENDING A FURTHER COURT DECISION have to destroy dogs who came into their care after 31 October 2023 on the grounds that it would not be possible for a rescue to apply for exemption of those dogs. We know that some rescues were sadly planning to do so today and whilst we do not yet have any detailed solution, we now have the benefit of some further time for the matter to be considered by the Court.
We appeal to all rescues, if you are able to do so, consider making plans to give the dogs who are not homed today the life they deserve in your care. At present those dogs that came in BEFORE 31ST OCTOBER ARE SAFE TO BE EXEMPTED BUT NO LONGER REHOMED. The XL bully ban has changed things for dogs of the UK In such numbers and at such a rapid rate that we must all work together to ensure that lifetime care by a committed rescue meets an exempted dog’s needs. For some dogs it will be their only option after today and in a way life in a rescue that has staff loving and caring for their residents day and night is not so different from dogs in a flat or home where someone goes to work or has no garden so has to walk them. Subject to the further decision of the Court, if we as rescues are indeed permitted to exempt any dogs we cannot home today, then we can all get our heads together and work hard to create a new more suitable living environment at our rescues for those special dogs, keeping them safe and loved for life. Also many rescues rely on volunteers to help out with providing company and mental stimulation and many who cannot have their own dog may find this therapeutic for themselves too.
It is recommended that if rescues do have dogs who they wish to exempt who were already in their care prior to 31 October, they begin making those applications from today when the current window for rescues to apply to exempt those dogs opened. Doing this now will allow further time in the future for any further exemption applications once the Court has had the opportunity to determine the issue as it relates to those dogs who came into rescue after 31 October.
As above, there are further crucial matters to be heard in more detail by the Court at a date in the near future but for now please take note of the above and stand by your dogs.
