England and Wales: New Law Implements Ban on XL Bully Dog Breed (2024)

In an opinion piece on September 17, 2023, then-British Environment Secretary Therese Coffey reported that there had been a significant rise in high profile dog attacks across England and Wales that had resulted in both serious injuries and fatalities. The environment secretary noted the American XL bully breed hadbeen “disproportionately involved in this rise.” Prime Minister Rishi Sunak had stated on September 15 that “[i]t is clear this is not about a handful of badly trained dogs — it is a pattern of behaviour and it cannot go on,” with the government subsequently acting to make ownership of the XL bully, with certain transitional provisions, illegal across England and Wales.

The Dangerous Dogs (Designated Types) (England and Wales) Order 2023 was made on October 31, 2023, under the powers granted in the Dangerous Dogs Act 1991. Section 1 of this act provides the secretary of state with the ability to make an order designating “a dog of any type … appearing [to the secretary of state] to be bred for fighting or to have the characteristics of a type bred for that purpose.” The XL bully now joins four other breeds whose ownership is prohibited, which include the pit bull terrier, Japanese tosa, Dogo Argentino, and Fila Brasileiro. (Dangerous Dogs (Designated Types) Order 1991, §§ 1 & 2.)

The 2023 Dangerous Dogs Order implements a number of restrictions on XL bully type dogs. To manage the existing population of this breed in England and Wales, the law will come into effect in two stages. From December 31, 2023, it will be illegal to breed, sell, exchange, advertise, gift, rehome or abandon an XL bully type dog, or allow them to stray, and the dogs will have to be muzzled in public. From February 1, 2024, it will be a criminal offense to own an XL bully type dog unless the owner has received a certificate of exemption for the dog. These offenses are punishable by up to six months’ imprisonment or an unlimited fine, or both penalties.

After December 31, 2024, current owners of XL bully type dogs have two options: to euthanize their dog before the ban enters into force or apply for their dog to be added to the Index of Exempted Dogs. To be registered on the Index of Exempted Dogs, the owner must be over the age of 16, pay an application fee, and have third-party liability insurance for banned breeds of dogs, which must be renewed annually for the life of the dog. The dog must be spayed or neutered, with evidence of this being provided to the Index; microchipped and registered on a microchip database; kept on a leash and muzzled at all times when in public; and kept in a secure place so it cannot escape.

If the owner selects to euthanize their dog, the Dangerous Dog Act provides the secretary of state with the power to provide a system for compensation. This has been set as a payment of 200 British pounds (approximately US$250) in compensation to cover the costs of euthanasia.

As the XL bully is not formally recognized as a breed in the United Kingdom, the government faced the issue of how to formally define the dog in order to effectively ban it. The Department for Environment, Food and Rural Affairs consulted with the National Police Chiefs’ Council, Dangerous Dogs Working Group, local authorities, veterinarians, and animal welfare experts to create guidance on the physical conformation standard for the XL bully breed type to help the courts, Dog Legislation Officers, and owners identify these dogs. The guidance provides certain physical characteristics, such as the size and height of the dog, to help identify them. The Department for Environment, Food and Rural Affairs stated:

A suspected XL Bully breed type does not need to fit the physical description perfectly. If your dog meets the minimum height measurements and a substantial number of the characteristics in the official definition, it could be considered an XL Bully breed type.

In addition to the ban on XL bully type dogs, any person who owns a dog that is dangerously out of control, no matter the breed, can face a series of penalties that include euthanasia of the dog, disqualification from ownership of pets, and imprisonment for up to 14 years.