Questions and answers

Parliamentary questions can be asked by any MSP to the Scottish Government or the Scottish Parliamentary Corporate Body. The questions provide a means for MSPs to get factual and statistical information.

Written questions must be answered within 10 working days (20 working days during recess)

Other questions such as Topical, Portfolio, General and First Minister's Question Times are taken in the Chamber

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Question reference: S6W-31080

Asked by: Christine Grahame, MSP for Midlothian South, Tweeddale and Lauderdale, Scottish National Party
Date lodged: Wednesday, 06 November 2024
Current Status: Answered by Siobhian Brown on 19 November 2024

To ask the Scottish Government whether there is any means by which the owner of an XL bully dog can obtain a court order authorising a late application for inclusion on the Index of Exempted Dogs, other than following seizure of the dog and a conviction under section 1(3) of the Dangerous Dogs Act 1991, as amended by the Dangerous Dogs (Designated Types) (Scotland) Order 2024.

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.

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Question reference: S6W-31080

Answer