New legislation, covered in the latest XL bully ban update, comes into force on 5 December 2024 that allows for a new keeper to be substituted for an exempted XL bully in the event that the original keeper/owner dies or becomes seriously ill.
The New Keeper Substitution Scheme Explained
Paragraph 12 of The Dangerous Dogs Exemption Schemes (England and Wales) Amendment No.2 Order 2024 amends The Dangerous Dogs Exemption Schemes (England and Wales) Order 2015 and now brings the position for XL bullies in line with that of the other four types of prohibited dog for which such substitution has been possible since at least 2015. This amendment to the legislation corrects a major failing in the original XL bully legislation.
The procedure for substitution is contained within the 2015 Order and provides for an application to be made to a magistrates’ court when the original owner of the dog dies or is suffering from a serious illness, rendering them unable to be in charge of the dog.
According to the latest XL bully ban update, at least two weeks’ notice of the application must be provided to the police force for the area in which the proposed new keeper lives at least two weeks before an application is made to the court. Dog owners must also provide the police with the following information:
- The name of the applicant;
- The address of the applicant;
- The date of birth of the applicant;
- Details of the exempted dog; and
- Details of the person to whom the certificate of exemption was issued in respect of the dog.
The application to the court must be sent to the police and must be made no later than six weeks after the death of the original owner or no later than six weeks from the date of a letter from a medical practitioner confirming the serious illness of the person in charge. An extension of this time limit can be granted by the court if they are satisfied that there is a good reason to do so.
The court will grant the application if they are satisfied that the dog does not constitute a danger to public safety. In determining whether the dog constitutes a danger to public safety, the court will consider:
- The temperament of the dog including its past behaviour
- Whether the applicant is a fit and proper person to be in charge of the dog
- Any other relevant circumstances
Let Us Help
At Wheldon Law, we are experienced at making applications for transfers of keepership and would be happy to advise and assist you with making such an application. Please contact us at hello@wheldonlaw.co.uk or call us on 01442 242999 for further information.