The Dangerous Dogs Exemption Schemes (England and Wales) Order 2015

Made: 4th February 2015

Laid before Parliament: 10th February 2015

Coming into force: 3rd March 2015

The Secretary of State makes this Order in exercise of the powers conferred by section 1(5), (6) and (6A) of the Dangerous Dogs Act 1991[^f00001] and section 4(1)(c) of the Dangerous Dogs (Amendment) Act 1997[^f00002].

PART 1 — Preliminary

Citation, commencement and extent

1

• (1) This Order may be cited as the Dangerous Dogs Exemption Schemes (England and Wales) Order 2015 and comes into force on 3rd March 2015.

• (2) This Order extends to England and Wales.

Interpretation

2

In this Order—

• “the Act” means the Dangerous Dogs Act 1991;

• “adult dog” means a dog aged six months or over;

• “the Agency” means the person or body for the time being designated by the Secretary of State to discharge functions under this Order;

• “person” means a natural person and does not include a body of persons corporate or unincorporate , except insofar as the term is used in reference to the owner of a dog of the type known as the XL Bully that is a rehoming organisation to which a certificate of exemption may be issued in respect of the dog by virtue of article 9(2).

• “rehoming organisation” has the meaning given in article 2 of the Dangerous Dogs (Exemption Schemes and Miscellaneous Provisions) (England and Wales) Order 2023.

Payments to the Agency

3

The Secretary of State must make such payments to the Agency in respect of the discharge by the Agency of functions under this Order as are agreed between them or, in default of agreement, as appear to the Secretary of State to be appropriate.

PART 2 — Court-Ordered Exemption Scheme

Exemption scheme conditions and requirements

4

• (1) The prohibition in section 1(3) of the Act shall not apply to a dog provided that—

• (a) a court has determined that the dog is not a danger to public safety under section 4(1A) or 4B of the Act and has made the dog subject to a contingent destruction order under section 4A or 4B of the Act;

• (b) the conditions set out in paragraph (2) are met in respect of the dog within the time period set out in paragraph (3); and

• (c) the requirements attached to the certificate of exemption in accordance with article 10 are complied with throughout the lifetime of the dog.

• (2) The conditions referred to in paragraph (1)(b) are that—

• (a) the dog is neutered in accordance with article 6(1);

• (b) the dog is microchipped in accordance with article 7(1);

• (c) third-party insurance in respect of the dog is obtained in accordance with article 8; and

• (d) a certificate of exemption is issued in accordance with article 9.

• (3) Subject to any extension granted by the court under section 4A(2) of the Act, the conditions in articles 6(1), 7(1), 8 and 9 must be complied with—

• (a) in the case of an adult dog, within two months beginning with the date the court makes a contingent destruction order;

• (b) in the case of a dog under the age of six months on the date the court makes a contingent destruction order, within one month of the dog attaining six months.

Failure to meet the conditions or comply with the requirements

5

A dog is not exempt under this Part from the prohibition in section 1(3) of the Act—

• (a) if the conditions referred to in article 4(2) are not met within the time period specified in article 4(3); or

• (b) if the requirements attached to the certificate of exemption in accordance with article 10 are not complied with at any time after the certificate is issued.

Neutering

6

• (1) A dog that is to be exempted from the prohibition in section 1(3) of the Act must be neutered by a veterinary surgeon unless—

• (a) the dog is already neutered to the satisfaction of the Agency; or

• (b) in the case of a dog that is of the type known as the XL Bully, it was less than 16 months old on the date on which the court made the contingent destruction order under section 4A or 4B of the Act in respect of the dog.

• (2) Where a certificate of exemption is issued under article 9(1) in respect of a dog to which paragraph (1)(b) applies, the holder of the certificate of exemption must ensure that the dog is neutered by a veterinary surgeon on or before the date on which the dog is 18 months old.

• (3) In this article—

• “neutered” means—in relation to a male dog, castrated;in relation to a female dog, spayed;

• “veterinary surgeon” means a person registered in the register of veterinary surgeons or the supplementary veterinary register kept under the Veterinary Surgeons Act 1966.

Microchipping

7

• (1) A dog that is to be exempted from the prohibition in section 1(3) of the Act must be implanted with a microchip unless—

• (a) the dog is already microchipped to the satisfaction of the Agency; or

• (b) the Agency is satisfied that the dog was unfit to be microchipped on the date on which the court made the contingent destruction order under section 4A or 4B of the Act in respect of the dog.

• (2) Where a certificate of exemption is issued under article 9(1) in respect of a dog to which paragraph (1)(b) applies, the holder of the certificate of exemption must ensure that the dog is implanted with a microchip within the period of 28 days beginning with the day on which the dog first becomes fit to be microchipped.

• (3) For the purposes of paragraph (1)(b), a dog is only unfit to be microchipped on the date on which the court made a contingent destruction order under section 4A or 4B of the Act in respect of the dog if a certificate has been issued under regulation 4(1) of the Microchipping of Cats and Dogs (England) Regulations 2023 or regulation 3(2) of the Microchipping of Dogs (Wales) Regulations 2015 which confirms that the dog will not be fit to be microchipped on or before that date.

Third-party insurance

8

• (1) The owner or person in charge of the dog to be exempted from the prohibition in section 1(3) of the Act must have in place a policy of insurance in respect of the dog which complies with paragraph (2).

• (1A) The owner or person in charge of a dog that is exempt under this Part from the prohibition in section 1(3) of the Act must have in place a policy of insurance in respect of the dog which complies with paragraph (2) and is renewed annually throughout the lifetime of the dog.

• (2) Subject to such terms, conditions, limitations and exclusions as may be contained in the policy and subject to paragraph (3), the policy must insure the person specified in it (“the policyholder”) in respect of the death of, or bodily injury to, any person caused by the dog.

• (3) The policy need not insure in respect of the death of, or bodily injury to—

• (a) where applicable, a member of the policyholder’s family who resides permanently with the policyholder; or

• (b) a person in respect of whom the policyholder is required to maintain a policy of insurance by virtue of the Employers’ Liability (Compulsory Insurance) Act 1969[^f00005].

Issue of certificate of exemption

9

• (1) Subject to paragraph (2), the Agency must issue a certificate of exemption in respect of the dog if it is satisfied that—

• (a) the court, in determining that the dog is not a danger to public safety, has decided the person to whom the certificate is to be issued is a fit and proper person to be in charge of the dog and has made the dog subject to a contingent destruction order;

• (b) a fee of £92.40 has been paid to the Agency; and

• (c) the conditions referred to in articles 6(1), 7(1) and 8(1) have been met.

• (2) Where the dog is a dog of the type known as the XL Bully that is owned by a rehoming organisation to which a certificate of exemption had been issued in respect of the dog under Part 2 of the Dangerous Dogs (Exemption Schemes and Miscellaneous Provisions) (England and Wales) Order 2023, a certificate of exemption may not be issued by the Agency under paragraph (1) unless it is issued to that rehoming organisation.

Requirements attached to certificate of exemption

10

• (1) A certificate issued under article 9 must contain requirements—

• (a) where the owner or person in charge of the dog is a natural person—

• (i) to keep the dog at the same address as the person to whom the certificate is issued except for any 30 days in a 12-month period;

• (ii) to notify the Agency of any proposed change of address (other than in respect of any changes of address in the 30 days referred to in paragraph (i));

• (b) where the owner is a rehoming organisation—

• (i) to ensure that the dog lives at the premises specified in the certificate at all times, except where the dog is relocated from those premises to other premises in the event of a fire or other emergency;

• (ii) where, in the event of a fire or other emergency, the dog is relocated from the premises specified in the certificate to other premises, to notify the Agency in writing of the change of premises and the address of the premises to which the dog has been relocated;

• (iii) to ensure that a sufficient number of staff are present daily at the premises where the dog is living to provide for the care and management of the dogs being kept at those premises;

• (c) to notify the Agency of the death or export of the dog;

• (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (e) to keep the dog muzzled and on a lead when in a public place;

• (f) to keep the dog in sufficiently secure conditions to prevent its escape;

• (g) to provide access to the dog for the purpose of reading a microchip on request by a person specified in section 5(1) of the Act;

• (h) to produce to the Agency or a person specified in section 5(1) of the Act confirmation that third-party insurance compliant with article 8(1A) is in force within five days of being requested to do so by the Agency or that person (as the case may be);

• (i) to produce to a person specified in section 5(1) of the Act the certificate issued under article 9 within five days of being requested to do so by that person.

;

• (j) where applicable, to satisfy the Agency that the requirement in article 6(2) has been met in respect of the dog;

• (k) where applicable, to satisfy the Agency that the requirement in article 7(2) has been met in respect of the dog

• (2) The certificate may also contain such additional requirements, including the imposition of time limits, as the Agency may reasonably require for the purpose of ensuring that the requirements of this article are met.

Arrangements between interim and court-ordered exemption schemes

11

When a dog has been released under the interim exemption scheme in Part 4 and is subsequently made subject to a contingent destruction order by the court under section 4A or 4B of the Act—

• (a) the requirements set out in article 25 (additional requirements) continue to apply until a certificate of exemption is issued in accordance with article 9; and

• (b) if the conditions in article 4(2) are not met within the time limits in article 4(3) the dog may be seized under section 5 of the Act with a view to its destruction in accordance with the contingent destruction order.

PART 3 — Substitution of Person in Charge of an Exempted Dog

Conditions for substitution of person in charge of exempted dog

12

A person may apply to a magistrates’ court to be substituted as the person in charge of a dog if—

• (a) the dog is exempt from the prohibition in section 1(3) of the Act by virtue of a certificate of exemption issued under Part 2 of this Order or Part 3 of the Dangerous Dogs (Compensation and Exemption Schemes) (England and Wales) Order 2023 (in this Part referred to as “the original certificate of exemption”); and

• (b) the person to whom that certificate of exemption has been issued is unable to continue to be in charge of the dog by reason of—

• (i) the death of that person; or

• (ii) the serious illness of that person.

Procedure for application

13

• (1) The applicant must provide details in accordance with article 14 to the chief officer of police for the area in which the applicant lives at least two weeks before making an application to the court.

• (2) An application must be made—

• (a) to the magistrates’ court in the applicant’s local justice area;

• (b) subject to any extension granted by the court under paragraph (5), no later than six weeks after the date—

• (i) of the death of the person in charge in the case of an application pursuant to article 12(b)(i) (death of person in charge), or

• (ii) of the official letter from the medical practitioner confirming the serious illness of the person in charge (“official letter”) in the case of an application pursuant to article 12(b)(ii) (serious illness of person in charge);

• (c) in writing and must include evidence—

• (i) of either circumstance mentioned in article 12(b)(i) or (ii) by way of a death certificate or an official letter from a medical practitioner (as appropriate),

• (ii) that the details have been provided to the chief officer of police in accordance with paragraph (1), and

• (iii) that the application has been served on the chief officer of police in accordance with paragraph (3).

• (3) The applicant must serve a copy of the application made to the court on the chief officer of police to whom the information set out in article 14 has been provided.

• (4) A court officer must notify the applicant and the chief officer of police on whom the application is served of the date the application is listed to be dealt with.

• (5) The court may extend the time limits set out in paragraph (2)(b) on application by the applicant if satisfied there is a good reason to do so.

• (6) Any failure by the applicant to comply with paragraph (2)(b) results in the dog no longer being exempt from the prohibition in section 1(3) of the Act.

Details to be given to the police

14

The applicant must provide to the chief officer of police for the area in which the applicant lives the following details—

• (a) the name of the applicant;

• (b) the address of the applicant;

• (c) the date of birth of the applicant;

• (d) details of the exempted dog; and

• (e) details of the person to whom the original certificate of exemption was issued in respect of the dog.

Court determination

15

• (1) The court may only grant the application for substitution of the applicant as the person in charge of an exempted dog if satisfied that the dog does not constitute a danger to public safety.

• (2) In determining whether the dog constitutes a danger to public safety the court—

• (a) must consider—

• (i) the temperament of the dog including its past behaviour; and

• (ii) whether the applicant is a fit and proper person to be in charge of the dog; and

• (b) may consider any other relevant circumstances.

Effect of making an application

16

• (1) Until the application is determined by the court—

• (a) the dog may be kept at the applicant’s address with the applicant on and after the date—

• (i) of the death of the person in charge in the case of an application pursuant to article 12(b)(i); or

• (ii) of the official letter from the medical practitioner in the case of an application pursuant to article 12(b)(ii); and

• (b) where paragraph (a) applies, the requirements set out in article 10(1) save for article 10(1)(a) apply in relation to the applicant ....

• (2) The dog continues to be exempt from the prohibition in section 1(3) of the Act by virtue of the original certificate of exemption until—

• (a) such time as the application has been determined and the court has not granted the application pursuant to article 15; or

• (b) where the application has been granted pursuant to article 15, such time as the Agency has issued a certificate of exemption to the applicant under article 18 or, where applicable, the court has otherwise directed.

Successful application for substitution

17

If the court is satisfied that the applicant is a fit and proper person to be substituted as the person in charge of the exempted dog the court must notify the Agency of—

• (a) the name of the applicant;

• (b) the address and contact details of the applicant;

• (c) details of the person to whom the original certificate of exemption was issued; and

• (d) details of the exempted dog to which the application applies.

Issue of certificate of exemption to the applicant

18

• (1) The Agency must issue a new certificate of exemption to the applicant in respect of the dog if it is satisfied that—

• (a) the court has determined the person to be substituted as the person in charge of the dog as a fit and proper person to be in charge of the dog;

• (b) a fee of £92.40 has been paid to the Agency; and