Chamber and committees

The Scottish Government does not have any role to play in operational matters that fall to Police Scotland and Crown Office and Procurator Fiscal Service (COPFS) when considering allegations of criminal offences under dangerous dogs legislation. In addition, the Scottish Government does not have any role in the decision making of the independent court when it considers how to dispose of cases.

Within this context, the information requested is not held by the Scottish Government.

Scottish Government officials are continuing to engage with Police Scotland, COPFS, local authorities and Scottish SPCA about the impact of enforcing and implementation of the new safeguards on XL Bully dogs.

The Scottish Government recognises the value of social care support to all who require additional support in living independently at home or in the community.

Under the Social Work (Scotland) Act 1968 local authorities and Health and Social Care Partnerships have a duty to assess the social care support needs of people and decide, in light of that assessment, whether to arrange any services, and if so, which services.

We know that the system needs to work better for everyone in Scotland and we are continuing to work with partners and people with lived experience on ongoing improvement and reform.

These statistics show the fewest amount of people waiting for a social care support assessment this year – a reduction of 12% since January.

XL Bully owners in Scotland had from 1 April 2024 to 31 July 2024 to apply to the Scottish Government for a Certificate of Exemption for their XL Bully dog, to allow them to legally keep their dog. Under the relevant legislation that set these dates, the time period for applications for a Certificate of Exemption to keep an XL Bully dog has closed.

The only means by which an exemption can be granted now is as follows.

The XL Bully dog is on the list of prohibited dogs under the Dangerous Dogs Act 1991.

Following the passing of the Dangerous Dogs (Amendment) Act 1997, it continued to be the case that it is a criminal offence to own a prohibited type of dog, but following a conviction the court has discretion in sentencing so that a dog of this type is not always required to be destroyed where an owner was found to have kept a dog in breach of the legislation.

The court can, as an alternative to ordering the destruction of the dog, authorise a person owning such a dog to be able to apply to place the dog on the Index of the Exempted Dogs. Only courts can direct that an owner can be authorised to apply for a dog to be placed on the Index of Exempted Dogs.

The Scottish Government does not have any role to play in the decision making of the independent court when it considers how to dispose of cases, but will of course consider any application for exemption on the back of any court direction that would permit the owner of an XL Bully dog to apply to Scottish Ministers to seek a Certificate of Exemption.

The National Specification includes requirements for Boards to fully engage with children, young people and families and to gather outcome data against these standards, including experience of service, and to report performance, quality and governance.

While there are no current plans to carry out a specific evaluation, we are working closely with all NHS Boards to support implementation of the CAMHS specification and to improve the service provided to children, young people and families, as well as improve performance across CAMHS. We remain committed to supporting all Boards to meet the standard that 90% of patients start treatment within 18 weeks of referral. We continue to provide enhanced support to those Boards not on track to meet the standard, providing access to professional advice, ensuring they have robust improvement plans in place and monitoring their implementation.

Dogs need to be over 8 weeks old to be microchipped.

Where an XL Bully dog was too young – under 8 weeks – as at the date of application for exemption to be microchipped, the owner was given additional time to provide evidence of microchipping having occurred.

There are also exemptions for those dogs deemed unfit for a microchip to be fitted. A dog is unfit to be microchipped if a veterinary surgeon has issued a certificate indicating a dog is unfit to be microchipped under the Microchipping of Dogs (Scotland) Regulations 2016.

Further information about microchipping can be found on the mygov.scot website:

Exemptions - mygov.scot.

There is no provision for the interim liberation of a prohibited type dog in Scotland as there is no interim exemption scheme available that would permit such dogs to be released pending the consideration and outcome of court proceedings.

The full expanded version of Scotland's Migration Service will be launched on 19th November 2024.

Following extensive engagement across the regions, each Regional Land Use Partnership (RLUP) captured a range of views from farmers, land owners, land managers and communities, on the regional priorities for land use.

Many of these priorities recognised the role of land use in addressing the climate and biodiversity crises, through measures such as tree-planting, increased renewable energy and sustainable agriculture. More information on these is available on the respective RLUP websites:

• South of Scotland region: Delivery & Strategies | South of Scotland Regional Economic Partnership (southofscotlandrep.com)
• North West Highland region: Land+ Project | NORTHWEST2045
• Cairngorms National Park region: Cairngorms National Park Partnership Plan 2022-27 - Cairngorms National Park Authority
• Loch Lomond and the Trossachs National Park region: Read The Plan - Here. Now. All of us. - Loch Lomond & The Trossachs National Park (lochlomond-trossachs.org)

The Regional Land Us Frameworks (RLUFs) developed as part of the Regional Land Use Partnership (RLUPs) pilot programme have captured a range of land use priorities for each region including, but not limited to, native woodland expansion, flood mitigation and community wealth building. More information on these is available on the respective RLUP websites:

• South of Scotland region: Delivery & Strategies | South of Scotland Regional Economic Partnership (southofscotlandrep.com)
• North West Highland region: Land+ Project | NORTHWEST2045
• Cairngorms National Park region: Cairngorms National Park Partnership Plan 2022-27 - Cairngorms National Park Authority
• Loch Lomond and the Trossachs National Park region: Read The Plan - Here. Now. All of us. - Loch Lomond & The Trossachs National Park (lochlomond-trossachs.org)

Work is continuing on this consultation. It covers a wide range of areas: the minimum age of marriage and civil partnership; extending simplified divorce and dissolution procedures; qualifying requirements for religious and belief bodies when they solemnise marriage or register civil partnership; a Scottish Law Commission report on cohabitant's rights following separation; and points arising on financial provision when one cohabitant dies.

We are also preparing impact assessments in relation to this consultation. We are planning to issue it within the next few months.