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

Do not leave it until last minute in case of any issues with your application online.

You need to provide your dog's microchip number for the online application to exempt. If your dog is less than 8 weeks old when you apply for a Certificate of Exemption, you have until 31 March 2024 to give the microchip number to Defra (Gov Website).

We have received many messages regarding the dog's microchip details as owners are in the process of updating the contact info on the microchip database, and we could not find it clearly stated whether the person applying to exempt must match the person’s name and address on the microchip database, for the application to go through successfully, we asked the Dogs Index via email and have now received a written reply as follows:

"Please pass on the information to owners that their application for an XL Bully Certificate of Exemption will not be impacted if they have not yet changed your dog’s microchip record over to their name. However, it is their responsibility to ensure the microchip record is kept up to date. We recommend that you visit https://www.check-a-chip.co.uk/ to find out where the record is held and then contact the database operator to update the details."

Regarding the 3rd Party Public Liability Insurance – Please note - Defra have stated online that the 3rd party public liability insurance (Dogs Trust Companion Club membership) must be in the same name as the person named on the certificate of exemption. Join here: Join Companion Club | Designed for Dog Owners | Dogs Trustv

Statutory Instrument No. 33 2024 - New changes for Rescues which came into force on the 12th January 2024:

Rescue and rehoming organisations - can 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 organisation’s care on or before 30 December 2023. The organisation must be established – carrying out rescue and rehoming activities on or before 31st October 2023 to apply. 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 Government website.

Note that this is a temporary injunction but nevertheless it gives breathing space for now.

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.

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.

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 - the current window for rescues to apply to exempt those dogs is open from 31st December.

Introduced on 19th December - a third Statutory Instrument - 1407 applying to England and Wales enables a rescue organisation to apply for exemption from 31st December, for an XL Bully type already with them on or prior to 31st Oct 2023.

If an XL Bully dog was obtained after 31 October 2023, the rescue or rehoming organisation cannot apply for a Certificate of Exemption.

Sir Christopher Chope MP tabled an Early Day Motion - EDM 114 on 27th November, it reads:

That an humble Address be presented to His Majesty, praying that the Dangerous Dogs (Designated Types) (England and Wales) Order 2023 (S.I., 2023, No. 1164), dated 31 October 2023, a copy of which was laid before this House on 31 October 2023, be annulled.

Contact Your MP and include your name and address so that the MP can see you are one of their constituents.

I do not think it’s right that good owners who are following the rules of exemption and have well behaved dogs might be faced with the risk of being evicted due to owning an exempt XL Bully.

This means owners are worried they will have to choose between having their dogs euthanised, moving home or potentially being homeless. This should be prevented.

For the thousands of dogs in rescues - this needs 10,000 signatures for a Government response to start with and 100,000 to be considered for parliamentary debate.

Siobhian Brown MSP and Victims and Community Safety Minister has said that a ban will not be introduced in Scotland on the timings set for England and Wales.

A Scottish Government spokesperson said: “Any ban on XL Bullies in Scotland must be evidence based.

“As part of our considerations on this issue, the Victims and Community Safety Minister is engaging directly with relevant partners, including the SSPCA, Police Scotland and the National Dog Warden Association.”

A Scottish Government spokesman said: “The UK government announced the proposal to ban XL bullies without any notice to the Scottish government. Any change to the rules must be evidenced based and we are moving swiftly to carefully consider the evidence so we can make the right decision for Scotland.

“Public safety is paramount to our deliberations. Scotland already has a dog control notice regime that is unique in the UK and focussed on preventing dog attacks from happening in the first place.”

The Committee will use the hearing with Defra as an opportunity to follow up on questions over sector capacity and preparedness for potential issues arising from the upcoming XL bully ban. MPs will raise breed identification challenges, and whether there is a risk that dogs which are not XL bullies could be misidentified.

The Committee will ask if current veterinary capacity is sufficient for the spaying, neutering or euthanising which the ban will require, and examine what might happen if vets refuse to euthanise healthy dogs.

The Parliamentary debate in response to two Government Petitions - 27th Nov:

Nick Fletcher MP, a member of the Petitions Committee, has been asked by the Committee to open the debate. MPs from all parties can take part, and the Government will send a minister to respond.

The current situation is that this order extending to England and Wales, comes into force on 31st December 2023, the SI is adding the type of dog known as the XL Bully to the list of types of dog that are prohibited for the purposes of section 1 of the Dangerous Dogs Act 1991.

This instrument is currently due to come into force on 31st December 2023, when the offences in section 1(2) of the 1991 Act will apply in relation to dogs of the type known as the XL Bully.

The offence in section 1(3) of the 1991 Act will apply in relation to dogs of the type known as the XL Bully from 1st February 2024.