Under the Dangerous Dogs Act 1991, there were previously four breeds of dogs that were banned within the UK: Pit Bull Terriers, Japanese Tosa, Dogo Argentino and Fila Brasileiro. However, the government has now added the XL Bully to the list of dogs banned under the Dangerous Dogs Act 1991 (specifically section 1(c) as a type appearing to be bred for fighting or have the characteristics of a type bred for that purpose) by way of The Dangerous Dogs (Designated Types) (England and Wales) Order 2023.

While the government has published an official definition of the XL Bully breed[1], it is always advisable to seek expert veterinary advice if you have any doubts as to the breed of your dog.

The Dangerous Dogs (Designated Types) (England and Wales) Order 2023

This implementation of the law comes in two stages. From 31 December 2023, the offences in section 1(2) of the Dangerous Dogs Act 1991 will apply to the XL Bully, and it will be against the law to:

• Sell an XL Bully.

• Abandon an XL Bully or let it stray.

• Give away an XL Bully.

• Breed from an XL Bully.

• Have an XL Bully in public without a lead and muzzle.

From 1 February 2024, it will be a criminal offence to own an XL Bully in England and Wales unless your dog has a Certificate of Exemption. Owners of XL Bullys will have until 31 January 2024 to apply for a Certificate of Exemption and to get such a certificate, an owner must:

1. Get third-party public liability insurance cover for the dog

2. Neuter the dog permanently if it is not already neutered.

3. Pay a fee of £92.40 per dog you wish to keep.

4. Apply for the Certificate of Exemption.

To keep an XL Bully

As the owner, you must ensure your dog is:

- Kept on a lead and muzzle at all times when in public. The muzzle must adequately prevent biting, and the lead must be held by someone at least 16 years of age or older.

- Kept in a secure place so it cannot escape.

- Be microchipped by the time it is 8 weeks old.

- Be neutered.

If your XL Bully is less than one year old as of 31 January 2024, it must be neutered by 31 December 2024. However, if your XL Bully is older than one year old as of 31 January 2024, it must be neutered by 30 June 2024.

Additional requirements 

You must also:

• Be over the age of 16.

• Take out insurance against your dog injuring other people.

• 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.

Possession/breeding/selling/exchanging of a prohibited dog is an offence under section 1(7) of the Dangerous Dogs Act 1991 and is a summary only offence with a maximum sentence of up to 6 months imprisonment and/or an unlimited financial penalty.

The court can also look at ancillary orders, which include:

• Disqualification from having a dog.

• Destruction or Contingent Destruction Order of the dog.

Our solicitors can advise you in relation to any aspect of the laws concerning animal ownership and have experience in dealing with cases involving dangerous dogs. If you are facing an investigation by the police or prosecution by the Crown Prosecution Service, please do get in touch, I can be contacted on 01206 217323 or via email at zoe.hosking@birkettlong.co.uk

  [1] Check if a dog is an XL Bully - GOV.UK (www.gov.uk)