American Bully XL and banned breeds advice

XL Bully and banned breeds advice

On 15 September 2023, the UK Government announced that by the end of 2023 the XL Bully type dog will be added to the breed types already banned in the UK, under the 1991 Dangerous Dogs Act.

From 14 November 2023 the Government has brought into force further legislation to implement the ban on XL Bully dogs and start the transition period for existing owners.

Q1. What does this legislation mean for me?

If you own an XL Bully type dog, it does not mean that you have to get rid of you dog.  It simply means that there are few things that you must do, to keep your dog legally. The transition period is open now and runs until 31 January 2024 and in this time, you must do the following:

  • Apply for a Certificate of Exemption before 31 January 2024, this costs £92.40 per dog.

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

  • Get Third Party Public Liability Insurance, before applying for a Certificate of Exemption – the Dogs Trust are offering this for £25.00 a year https://www.dogstrust.org.uk/support-us/membership
  • Neuter your dog permanently, if it is not already neutered. Read Neutering an XL Bully for when you must have your dog neutered. A vet must confirm if your dog is already neutered.
  • Your dog must be microchipped
  • Kept on a lead and muzzled at all times when in public
  • Kept in a secure place so it cannot escape

You as the owner must also:

  • Be over 16 years old
  • Be able to show the Certificate of Exemption when asked by a Police Officer or a Council Dog Warden, either at the time or within 5 days

Q2. What can’t I do?

From 31 December 2023 it will be against the law to: 

  • sell an XL Bully dog 
  • abandon an XL Bully dog or let it stray 
  • give away an XL Bully dog 
  • breed from an XL Bully dog 
  • have an XL Bully dog in public without a lead and muzzle 

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 valid Certificate of Exemption. 

Q3. How do I know if my dog is an XL Bully?

You can use the Official definition of an XL Bully dog to check if your dog may be an XL Bully. This involves checking the dog’s physical characteristics such as its size and height.

If you’re not sure if you have an XL Bully dog, you should comply with all new requirements for this dog type. This includes puppies that may grow up to be an XL Bully dog.

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.

Q4. What if my XL Bully is already pregnant?

It will be a criminal offence to breed XL Bully dogs from 31 December 2023. This includes:

  • breeding from an XL Bully dog
  • allowing for an XL Bully dog to be bred from any combination of other dogs

It will not be an offence to allow a litter of puppies that have already been conceived to be born. If the puppies are born after 31 December 2023, it will be an offence to sell them or to re-home them.

Defra recommends breeders should stop all XL Bully breeding activity now as it will be a criminal offence to sell, transfer, exchange, gift or advertise these dogs from 31 December 2023. 

There is a 9-week period until the ban on selling comes into force to allow puppies that were bred before this legislation was introduced to be legally sold. Puppies must not be sold before they are 8 weeks old.

If you purchased a puppy before 31 December 2023, which is less than 8 weeks old at that point, you will be able to collect it legally when it’s 8 weeks old. But you must adhere to the conditions laid out in section Q1 above.

Q5. What if I don’t want to keep my dog?

If you do wish to have your dog destroyed, you can ask a registered vet to do this by 31 January 2024 and apply for compensation. However, the cost of having your dog destroyed is your responsibility and an application for compensation can be made afterwards.  The deadline for applications should be made by 15 March 2024 Claim compensation for an XL Bully dog - GOV.UK (www.gov.uk)

For further reading on the ban of XL Bullies see

https://www.gov.uk/guidance/prepare-for-the-ban-on-xl-bully-dogs

Q6. Which types of dogs are already banned in the UK?

The 1991 Dangerous Dogs Act gives the Government the power to ban any breed appearing to be bred for fighting or to have the characteristics of a type bred for that purpose. Under the Dangerous Dogs Act, these breed types are currently banned in the UK:

  • Pit Bull Terrier
  • Dogo Argentino
  • Fila Brasileiro
  • Japanese Tosa

It is an offence to:

  • Have possession or custody of a banned breed
  • To breed (or breed from) the dog
  • To sell or exchange the dog
  • To make or offer to make a gift of the dog
  • Allow the dog to be in a public place without being muzzled and kept on a lead
  • Abandon the dog or allow them to stray

If you own a currently banned breed type and don’t have a Certificate of Exemption to allow you to keep them, the police can seize the dog and retain them, even if they’re not acting dangerously and no complaint has been made. A court process is then needed to determine if the dog poses a danger to the public and whether the owner can apply for an exemption certificate.

You can find more information about current rules for banned breed types on the Government’s website https://www.gov.uk/control-dog-public/banned-dogs