Judicial review outcome – XL Bully ban

XL Bully Ban - England and Wales - Upheld

A 42-page ruling was published on 17 December 2024 followed a two-day legal hearing of a judicial review application brought by the Don’t Ban Me Licence Me campaign group.

The Judge found that although the Government did breach their duty under the Equality Act, the decision to ban the XL Bully was not unlawful and the XL Bully ban continues.

Permission to appeal was refused by Mrs Justice Lang.

The full judgment can be read here -https://caselaw.nationalarchives.gov.uk/ewhc/admin/2024/3252

Ireland to introduce new dog law:

Minister for Rural and Community Development, Heather Humphreys TD has announced a ban on XL Bully Dogs.

From October 1st 2024, new regulations will prohibit the importing, breeding, selling and re-homing of XL Bullies.

From February 1st 2025, it will be illegal to own an XL Bully without a ‘Certificate of Exemption’.

Following consultation with the chairperson of the Stakeholder Group on Dog Control, Retired Deputy Garda Commissioner John Twomey, Minister Humphreys has announced the ban in order to protect public safety.

Certificates of Exemption will be issued subject to strict criteria, including a requirement for licensing, microchipping and neutering. Other possible criteria will be discussed with the Stakeholder Group on Dog Control put in place to advise on these issues.

Between now and 1st October 2024 the necessary regulations will be put in place, with cross Government work on this already commenced.

Deadline to Apply to Exempt - Xl Bully Type Dogs Reminder

It is advised not to wait for any ongoing legal challenges - the application for a Judicial Review and we advise not to wait until last minute in case of any issues with your online application.

From 1 February 2024 it will be a criminal offence to own an XL Bully dog in England and Wales unless your dog has a Certificate of Exemption.

NOON on 31st January 2024 is the deadline to submit the completed application online, to apply for a exemption certificate for an XL Bully type dog.

Apply for a Certificate of Exemption to keep an XL Bully dog - GOV.UK (www.gov.uk)

You need your dog's microchip number-if you don't have that ask your vet to scan the dog for you.

If your dog is less than 8 weeks old when you apply for a Certificate of Exemption, you’ll have until 31 March 2024 to give the microchip number to Defra. Email the microchip number to dogsindex@defra.gov.uk or post it to the Dogs Index.

You need the 3rd party liability insurance cover in the same name as the person who will be applying for the exemption certificate. This is obtained by becoming a member of the Dogs Trust Companion Club, apply online on the Dogs Trust website. £25 per person per year, covers up to four dogs. Dogs Trust will email you confirmation and policy number and start date (date your payment clears).

You dog doesn't have to be neutered now to apply for the exemption certificate.

There is a one-off application fee of £92.40 per dog, this has to be paid first online-you will then be given a payment reference number which you use for your application:

Make a payment - Pay the application fee for a Certificate of Exemption for your XL Bully dog (payments.service.gov.uk)

DEFRA Photo:

XL Bully type - exemption applications

Keeping an XL Bully type dog:

Government guidance on checking if your dog is a XL Bully type

If after checking the guidance and photos you’re still not sure if your dog is an XL Bully, you should take a precautionary approach and apply for a Certificate of Exemption. This includes puppies that may grow up to be an XL Bully. You cannot use DNA test results to prove if your dog is a banned breed type. You must use the dog’s physical characteristics and appearance to work out if it’s an XL Bully dog.

All Xl Bully type dogs (all ages including puppies) have to be muzzled and leashed, with the lead held by someone over the age of 16yrs, in all public places, which includes inside a vehicle in a public place, this is a legal requirement which began on (and included) the 31^st December 2023, it applies regardless to whether the dog has been exempted during the transition period which ends at midday on 31^st January 2024. Help with muzzle training here.

If you are not sure whether your dog meets the criteria set out by the Government, it is recommended that you apply for exemption and follow the rules as a precautionary measure, to keep your dog safe.

Application closing dates are as follows, rescue and rehoming organisations have their own separate process and deadline date-details are on the Gov website.

If you apply for a Certificate of Exemption online you must complete and submit your application to DEFRA Dogs Index by midday on 31 January 2024.

If you apply by email or post, you must make sure Defra receives your application by 15 January 2024.

To get a Certificate of Exemption you will need:

* To pay the £92.40 fee for each dog, you need the payment reference number to proceed. The fee is not refundable.

* Third party public liability insurance cover for your dog is needed, this can be obtained via the Dogs Trust membership/companion club - £25 per year, in the name of the dog’s owner, it covers up to four dogs and is renewed each year to keep the exemption certificate valid. You will be given a policy number and start date (when your payment clears) from the Dogs Trust. Details to join are here.

* You must make sure your dog is fitted with a microchip and registered on a database - if you’re not sure if your dog is microchipped, you should ask your vet to scan your dog for you, you need your microchip number, details should be up to date on the microchip company database – ask your vet to scan your dog if you do not know your microchip number, contact the microchip company if you need to update the details held.

Dogs less than 8 weeks old - If your dog is less than 8 weeks old when you apply for a Certificate of Exemption, you’ll have until 31 March 2024 to give the microchip number to Defra. Email the microchip number to dogsindex@defra.gov.uk or post it to the Dogs Index Defra will send you a new Certificate of Exemption when you provide the microchip number.

Your dog does NOT have to be neutered to apply for an exemption certificate during the transition period – there are two deadline dates to neuter your dog by in order for your certificate of exemption to remain valid, these are:

* dog less than 1 year old on 31 January 2024 - it must be neutered by 31 December 2024

* dog older than 1 year old on 31 January 2024 - it must be neutered by 30 June 2024

A vet must confirm if your dog is already neutered:

Once your XL Bully dog has been neutered, you and your vet will need to fill in the confirmation of neutering form. Your vet should then return the form to Defra.

If your dog has already been neutered, you and your vet must fill in the confirmation of neutering form. The vet should return the form to Defra.

If the vet is unable to return the form, the owner of the dog can return it to Defra Dogs Index.

Apply for a certificate of exemption online here - https://www.gov.uk/guidance/apply-for-a-certificate-of-exemption-to-keep-an-xl-bully-dog

XL Bully Type Rescue Dogs Update

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:

https://www.gov.uk/.../apply-for-a-certificate-of...

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.

XL Bully type ban - new rules commenced:

From (and on) the 31st December 2023 it is now illegal to breed, sell, advertise, gift, exchange and abandon these dogs or let them stray.

XL Bully type dogs must now be kept on a lead and muzzled in all public places, including inside a vehicle if the vehicle is in a public place, the lead must be held by someone not less that 16yrs of age.

From 1st February 2024 all XL Bully dogs must be registered and exempted - there is now less than a month to meet the deadline when the ban comes into force on 1 February.

Owning an unregistered dog after this date will be a criminal offence, with owners who don’t facing a criminal record and an unlimited fine.

From 30 June 2024, XL Bully dogs over 1 year old must be neutered, this is extended until the 31 December 2024 for younger dogs.

XL Bully Official Definition updated by DEFRA

The description issued has been updated and is now including a video from the Blue Cross demonstrating how to measure your dog is now included - 

Official definition of an XL Bully dog - GOV.UK (www.gov.uk)

Applying to England and Wales - currently not Scotland and Northern Ireland although this may change in the future.

Height is an important factor: if your dog is smaller than the height specified in the Government’s definition then they are not an American Bully XL, and you don’t need to look at any other aspects in the definition. The height should be measured from the ground to the withers (which means the point of the body immediately behind the neck, at the top of the shoulders), not any higher point on the dog.  
The Government has defined an American XL Bully as: 

• Adult male from 20in (51 cm) at the withers 

• Adult female from 19in (48cm) at the withers 

The ban only applies to XL Bully dogs. There are other established breeds such as those recognised by the UK Kennel Club that may meet some of the characteristics of the XL Bully breed type. These are not within scope of the ban. 

A suspected XL Bully breed type does not need to fit the physical description perfectly. If your dog meets the minimum height measurements and a substantial number of the characteristics in the official definition, it could be considered an XL Bully breed type.

If you think your dog meets the minimum height measurements and has a substantial amount of the physical characteristics set out in the official definition, your dog may be in scope of the ban. This includes if it was not sold as an XL Bully.

Use the official definition of an XL Bully to check if your dog is an XL Bully. You’ll need to check the dog’s physical characteristics such as its size and height. It’s up to the owner or keeper to self-identify whether a dog may be an XL Bully.

Defra recommends taking a precautionary approach. If you’re not sure if your dog is an XL Bully, you should prepare for the ban on XL Bully dogs. This includes puppies that may grow up to be an XL Bully.

The ban only applies to XL Bully dogs. There are other established breeds, such as those recognised by the UK Kennel Club, that may meet some of the characteristics of the XL Bully breed type. These are not within scope of the ban.

A suspected XL Bully breed type does not need to fit the physical description perfectly. If your dog meets the minimum height measurements and a substantial number of the characteristics in the official definition, it could be considered an XL Bully breed type.

If you think your dog meets the minimum height measurements and has a substantial amount of the physical characteristics set out in the official definition, your dog may be in scope of the ban. This includes if it was not sold as an XL Bully.

Enforcement officers should use the PDF version of the official definition of an XL Bully dog. 

Photographs DEFRA: - https://assets.publishing.service.gov.uk/media/655cb2e8544aea000dfb31ca/Official_definition_of_an_XL_Bully_dog__for_enforcement_officers_.pdf