This post contains some of the most frequent general questions we are being asked currently and our responses to them which whilst not constituting legal advice, will hopefully help owners of dogs which may be caught up in the addition of the XL Bully to the list of dogs prohibited under Section 1 of the Dangerous Dogs Act 1991. If you have a general question that is not included below then please feel free to message us or post in the replies to this post and we will add it to the post with a response. We cannot give the answers to some questions that are individual and dependent on the circumstances, so in those situations please contact us directly in order that we can have access to all of the information we might need regarding your situation in order to provide the best advice possible.
Please can we ask that only questions are posted on this post in order that we can deal with them efficiently, as you can probably imagine we are also running the helplines and are very busy so it would make it much easier for us if all questions are on one post and the post contains only questions. Thank you in advance.
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We are really concerned about the, albeit well-intentioned, misinformation currently doing the rounds on social media and for the impact this might eventually have on the owners of XL Bully types and, more importantly, on their dogs.

There are many, many, posts telling people not to apply for exemption, mainly based on two reasons, one being a debate to be held on 27th November and the other being a Pre-Action Protocol Letter which has been sent to the government, this is the first step to applying for Judicial Review.

The Debate
The debate scheduled for 27th November in parliament which, it is being claimed, will rediscuss the Bill, and the posts we have seen also indicate is an appeal against the Statutory Instrument currently laid before parliament adding the XL Bully to the list of prohibited breed types and that it could amend, or even do away with it completely meaning you would not need to exempt your dog.

THIS IS NOT THE CASE This is not a debate or a vote on whether or not to ban the XL Bully, it HAS been banned (effective 31st December 2023) and the Statutory Instrument is currently laying before a parliament with cross-party support in favour of it.
The debate on the 27th November is about the E-PETITION to the government requesting them not to ban the XL Bully and also at the same time the petition to repeal the current Dangerous Dogs Act and replace it with a new framework.
Both of these petitions got over 100,000 signatures and Government petitions which reach 10,000 signatures qualify for a response and at 100,000 signatures are considered for debate which in most cases is granted, as it has been with these two.
The government response to the XL Bully petition is plain for all to see. Long after the petition reached 100,000 signatures they issued a statement announcing they were to be banned and have since laid the Statutory Instrument before Parliament that does just that.

The response to the second petition regarding repeal of the DDA received a response from the government in which the government said,
“We recognise that some people are opposed to the prohibitions placed on the four types of dog under the Dangerous Dogs Act 1991. However, the Government must balance the views of those who want to repeal or amend breed-specific legislation with our responsibility to ensure that the public is properly protected from dog attacks. We currently have no plans to repeal the Dangerous Dogs Act 1991 and replace it with a new legal framework.”

THIS DEBATE WILL CHANGE NOTHING, it can’t.  As the attached screenshot from the UK Parliament website confirms “Petitions debates can’t directly change the law or result in a vote to implement the request of the petition. They can help to raise awareness of the issue among MPs and the wider public, and put pressure on the Government.”

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The definition has been updated today with pictures and information regarding the minimum height of an XL Bully.  You can read the updated version here

Postal or email applications link here

Online applications here

You must pay the exemption fee before applying as you need your payment reference number on the form there is a link on this page to both payment and a pdf format form.

More information can be found on the Government website here

Dogs Trust have changed their membership to Companion Club. This is what you now need to join in order to get the benefits previously included in membership including the third party liability insurance required to exempt a dog. Existing members can swap over to companion club and people looking to join for the first time can do so using the link provided below. Nothing has changed for those with exempted (or soon to be exempted dogs) third party liabilty is still included and the cost to join is the same. Follow the link at the bottom of the page to join online

Dogs Trust Companion Club

We are receiving a number of calls from owners wanting advice on DNA testing their dogs to use as proof that they are not XL Bullys, and also seeing many posts on social media suggesting this as a route to take. Wisdom Panel are one of the main companies offering DNA services and we would like to point people to its terms and conditions regarding its use and limitations posted below. We have also reposted the section in the government guidance regarding DNA. Please consider carefully before deciding not to exempt based on DNA results, if you miss the deadlines to exempt, then you and your dog could well end up on the wrong side of the law and facing seizure and court action.  (Click on the images below for more information)

We have been asked numerous times by people in the pet industry such as dog walking, dog sitters and daycares who currently accept xl bullies about their insurance not covering them for banned breeds as a result of also being asked this question Pet Business Insurance have clarified the situation for their clients (thank you Diane Robinson for the info) If anyone else in the pet industry has also had clarification from other companies that they WILL cover businesses that take Xl Bullies we would be very grateful if they would post the company name/policy here to assist others seeking to ensure they are still covered to accept XL bully thank you in advance

You can read more about the history of Deed Not Breed and how we help people here

Following the announcement of the ban placed upon the XL Bully we urgently await clarification from the government of the proposed application process to exempt dogs. But based on the information we do have so far, we would urge anyone who believes their dog may fall under type to go through the exemption process once announced rather than risk their dog coming to attention later once the transition period is over. This will at least prevent your dog potentially being seized after that date and you being taken to court.

Due to the very vague guidelines, It is very likely that some crossbreeds, other large bull breeds, and the other American Bully varieties could score substantial characteristics, certainly on the breed standard put forward by the government (the suitability of this standard is very likely to be tested in court at a later date).

However, there is case law (Regina v Knightsbridge Crown Court, ex parte Dunne. Brock v Director of Public Prosecutions – Queen’s Bench Divisional Court (Lord Justice Glidewell and Mr Justice Cresswell), 2 July 1993} which determined (in relation to the Pit Bull Terrier type) that the word ‘type’ contained within Section 1 of the Dangerous Dogs Act is wider than ‘breed’ meaning that a court could properly conclude that a dog was ‘of the type known as the pit bull terrier’ if its characteristics substantially conformed to the (ABDA) standard, or if the dog approximately amounted to, was near to, or had a substantial number of the characteristics of the pit bull terrier as set out in the (ABDA) standard. if the dog approximately amounted to, was near to, or if the dog had a substantial number of the characteristics of the (ADBA) standard.

The word type is used in relation to the new statutory instrument with regard to the XL Bully and we believe it is likely that the Courts will interpret this definition in the same way that they do for Pit Bull Terrier types.

A dog not exempted before the exemption application deadline is in danger of being seized and held in kennels for long periods pending court action, and its owner (or the person for the time being in control or charge of it) criminally charged.

It is important to note that the burden of proof is reversed in Dangerous Dogs Act cases and a dog seized as a prohibited type is presumed to be of that type unless the owner (or the person for the time being in control or charge of it ) can prove to the court that it is not, which in many cases involving cross or breeds not recognized by the UK Kennel is an extremely difficult task.

It is therefore our opinion that you exempt your dog when given the opportunity to do so as even those tasked with enforcing the ban are not yet trained to assess your dog and indicate if they would proceed against you once the transition period is over and we anticipate that the government will strongly urge enforcement immediately after the exemption deadline is reached.

WHAT YOU NEED TO DO AND BY WHEN

31st December 2023
The ban takes effect and the offences in section 1(2) of the 1991 Act will apply in England and Wales in relation to dogs of the type known as the XL Bully IN ADDITION TO THE FOUR EXISTING BREEDS This means that from 31st December 2023 it will be an offence to:

• Breed, or breed from any dog with substantial characteristics of the type known as the XL Bully.
• Sell or exchange or offer, advertise or expose such a dog for sale or exchange;
• Make or offer to make a gift of such a dog or advertise or expose such a dog as a gift
• Allow such a dog of which they are the owner or of which they are for the time being in charge to be in a public place without being muzzled and kept on a lead.
  A public place includes inside a vehicle if the vehicle is itself is in a public place and a muzzle should be sufficient to prevent the dog being able to bite a person. We recommend basket type muzzles which enable the dog to pant, drink and if necessary to be sick. There are currently NO circumstances in which it is acceptable to remove an exempt dogs muzzle when in a public place
• Abandon such a dog which they are the owner of, or the person for the time being in charge of, or allow it to stray.

31st January 2024

This is D DAY, the date by which you must have obtained exemption for your dog and a Certificate of Exemption been issued. We are still awaiting information from the government giving the procedure for applying and will update when they are announced, however we do know that

• The dog must have third party liability insurance (currently costing £25 via Dogs Trust membership (50 percent off for those over 60).
• The rules effective from 31st December 2023 must continue to be followed after the dog is exempted, any breach would lead to the dog becoming non exempt and liable to be seized.

There will be other conditions which we can confirm once the full exemption scheme is announced but please do not delay complying with what you are able to now and ensure that you follow the rules on the dates they commence.

Neutering
The dog must be neutered, but there is not going to be a requirement for this to be done by 31st January 2024 and the deadline will depend on the age of the dog. If the dog is at least 1 year old on 31st January 2024 then it must be neutered by 30th June 2024, whereas if it is less than 1 year old on 31st January 2024 then you will have until 31st December 2024 to get it neutered. However, we urge you to arrange this as soon as you are able as vets have limited recovery spaces to accommodate large breeds so will have limited daily slots available and are likely to get extremely busy.

Compensation
If an owner chooses to have their dog put down rather than go through the exemption process, the Government says in due course they will offer compensation of £200 per dog (or £100 if it is a rescue). No details have yet been provided for how this scheme will operate.