England and Wales Add XL Bully to Dangerous Dogs Act, Criminalizing Unlicensed Ownership

The United Kingdom government moved to ban the XL Bully dog breed in England and Wales through a two-stage enforcement process, CNN reported, making the breed the fifth type prohibited under the country's longstanding dangerous dogs legislation. The first stage of the XL Bully ban came into force on Dec. 31, 2023, adding the breed to the Dangerous Dogs Act 1991. The government cited a rise in fatal attacks as justification for the action. The initial stage imposed immediate conduct restrictions on existing owners before full criminal liability attached weeks later.

From Dec. 31, 2023, it became illegal to breed, sell, exchange, advertise, gift, rehome, or abandon an XL Bully type dog, or allow one to stray, and the dogs were required to be muzzled in public. By staggering the two enforcement dates, current owners were given time to prepare, with a deadline of Jan. 31, 2024, to register their dogs and comply with strict requirements. According to CNN, owners who failed to secure a Certificate of Exemption before the second stage took effect faced criminal exposure ^[1].

From Feb. 1, 2024, owning an XL Bully type dog without a certificate of exemption became a criminal offense, punishable by up to six months' imprisonment, an unlimited fine, or both. Owners without a Certificate of Exemption also faced the seizure of their dog. The Department for Environment, Food and Rural Affairs, known as Defra, administered the exemption scheme and maintained the Index of Exempted Dogs on which qualifying animals must be registered. The certificate must be issued by Defra to be valid.

Exempted owners face continuing obligations that carry their own enforcement consequences. Owners of an exempted XL Bully type must comply with additional restrictions, including keeping the dog on a lead and muzzled in public, having the dog neutered, and carrying third-party liability insurance. Failure to adhere to those conditions constitutes a criminal offense and may result in seizure of the dog. Owners must also produce the Certificate of Exemption upon request by a police officer or a council dog warden, either at the time or within five days.

Five types of dog are currently banned across the United Kingdom under the Dangerous Dogs Act 1991 and related legislation: the Pit Bull Terrier, Japanese Tosa, Dogo Argentino, Fila Brasileiro, and, as of 2024, the XL Bully. The law classifies dogs by physical appearance rather than pedigree, so crossbreeds that look sufficiently like a banned type can fall under the same restrictions. The Royal Society for the Prevention of Cruelty to Animals has stated its opposition to the ban, asserting it will not effectively protect the public, while noting it must comply with the law as written.

References

[1] CNN. (2023, December 28). England and Wales ban on XL Bully dog breed to take effect Sunday. https://www.cnn.com/2023/12/28/uk/england-wales-ban-xl-bully-dog-breed/index.html

[2] Library of Congress, Global Legal Monitor. (2024, January 11). England and Wales: New Law Implements Ban on XL Bully Dog Breed. https://www.loc.gov/item/global-legal-monitor/2024-01-11/england-and-wales-new-law-implements-ban-on-xl-bully-dog-breed/

[3] UK Government (GOV.UK). (2023, October 31). XL Bully type dogs to be banned. https://www.gov.uk/government/news/xl-bully-type-dogs-to-be-banned

[4] Royal Society for the Prevention of Cruelty to Animals (RSPCA). American XL Bullies. https://www.rspca.org.uk/whatwedo/endcruelty/changingthelaw/bsl/xlbullies