New restrictions on the XL bully breed type of dog have come into force in Scotland, mirroring a similar ban in England and Wales earlier this year.
With effect from February 23, it is now an offence in Scotland to have an XL bully in public without a lead and muzzle; to breed or breed from an XL bully dog or to sell, give away or abandon an XL bully, or to let it stray. In addition, rehoming organisations may not rehome dogs of this breed.
From July 31 2024, owners must have an exemption certificate, or have applied for one, for an XL bully dog. Further details about the exemption certificate scheme including the start date, costs and how to apply will be announced later. Penalties for breaking the law include up to six months imprisonment and/or a fine of up to £5,000.
The definition used for an XL bully dog in Scotland will be the same as used by the UK government. The Scottish government maintains it was obliged to bring in the restrictions as a consequence of reports of dogs being moved to Scotland after controls were introduced in England and Wales.
Minister for victims & community safety Siobhian Brown said: “Whilst dog attacks remain a rare occurrence, where they do occur, they can have devastating consequences which is why safeguards must be introduced. We are doing so whilst ensuring we promote and support responsible ownership, and public safety as effectively as possible.
“The new regulations aim to protect public safety and are being introduced as a consequence of similar XL bully controls brought in by the UK Government, which created an unacceptable risk of dogs being moved to Scotland from England and Wales.”
The Scottish SPCA issued a statement in response to the ban, saying: “We continue to believe that safeguards that the Scottish Government has chosen to implement is not the solution to the issue when it comes to preventing dog control issues, but as a responsible charity, we will of course continue to comply with legislation that has and will be implemented.
“We fully support legislation to protect the public, and we are deeply concerned about the rise in dog control related incidents, but the Scottish SPCA has long opposed restrictions that focus on breed-specific legislation.
“We know that any breed of dog can be potentially out of control and dangerous in the wrong hands, and we will continue to call on the police and courts in Scotland to properly enforce existing legislation through jail sentences and automatic bans on dog ownership.”
The organisation added: “Now is the time to tackle the root cause of these issues: irresponsible dog ownership, and irresponsible dog breeding.”
