XL bully laws come into force in Scotland

XL bullies must now be muzzled and on a lead in public places, including when in a car.

Author: Alice FaulknerPublished 23rd Feb 2024
Last updated 23rd Feb 2024

Controversial new legislation on XL bully dogs comes into force in Scotland today.

From now on, means that owners will be banned from selling, advertising, gifting, exchanging or abandoning the breed.

XL bullies must also be muzzled and on a lead in public places, including when in a car.

Criminal Justice Committee MSPs said they "reluctantly" backed the legislative changes, which include a secondary stage meaning that from August 1, it will be an offence to own an XL bully without having or applied for an exemption certificate.

Anyone convicted of breaching the safeguards could face up to six months in prison and/or a fine of up to £5,000.

Official guidance states the dogs - which are not recognised as an official breed by the UK Kennel Club - can be defined as having a "muscular body, blocky head, suggesting great strength and power for their size", with males characterised as at least 20 inches from the shoulder to the ground and 19 inches for females.

It follows concerns over an influx of XL bullies to Scotland since the controls were brought in south of the border at the end of last year.

'Community safety is paramount'

Siobhian Brown, community safety minister, said the decision to replicate UK Government legislation was "not made lightly" but it was essential to remove "loopholes" the laws had created.

She said: "Community safety has to be paramount here.

"We've seen what's happened with the attacks over the last couple of months down south, and a few up here as well. So, my priority is community safety.

"We have diverted away from the Scottish Government policy of 'deed, not breed' in this circumstance, but moving forward, I hope we're never in a position that we have to do this again.

"The majority of people are responsible dog owners, there are just a very few that aren't responsible and I think that's just where we've got an issue."

When asked how the new rules will be enforced, the Minister said it will rely on a combination of people reporting any concerns and engagement with Police Scotland.

She said: "I have been engaging with Police Scotland and there has been a group set up, an implementation group, and as we progress in the next couple of months going forward to the 1st of August.

"I appreciate that it's going to be impossible to have dog wardens and the police in every part monitoring everything.

"I also value that there's a lot of responsible people and dog owners out there that will do the right thing and it's just the small few that might not.

"If any member of the public has concerns about a dangerous dog, get in touch with your local authority. If it's an XL bully and it's not on a muzzle and a lead, and you've got concerns, then I would report it to Police Scotland."

"I'll jump in front of a bullet for him because he's my family'

Campaigners opposing the move have rallied outside the Scottish Parliament at Holyrood in recent months.

They believe the dogs are safe, and the problem lies with the owners.

Demi Wells, a campaigner and XL bully owner from Edinburgh says the ban is unfair on responsible owners.

She said: "It's just crazy how their freedom is just going to end.

"If they having a loving family that has trained them properly, then they are loving, loyal, big goofballs for dogs.

"Humans are to blame - not the breed.

"I'm walking my dog, just like I do every other day, and I have cars driving past me with people inside shaking their heads at me.

"I've never had any problems walking him before and as this ban comes in, people are treating us like demons. We're just normal people and normal dogs.

"It makes me so upset and I'm so sickened by it. We don't have a choice and there will be dogs who've never worn a muzzle in their lives. It'll stress the dogs and owners out.

"It's discriminating them and it's discriminating us as owners. Any dog can bite, any size, any breed. It's how the dog is brought up.

"Since this happened, my anxiety has gone through the roof.

"What if someone reports me for having a dog, and they come and try and shoot him?

"I'll jump in front of that bullet because he's my family member."

'This one piece of legislation alone is not going to be effective'

Vets are warning that the legislation requiring the dogs may not be as effective as hoped.

PDSA vet Lynne James said: "Unfortunately we know that the vast majority of dog bites happen at home. This legislation making dogs wear muzzles in public won't affect those bites that happen within the household.

"We've had banned breeds in the UK for 32 years and there really hasn't been a reduction in dog bite incidents at all. Luckily, they're rare, but the ones that do occur have devastating consequences.

"While some breeds can be more dangerous, it's very much based on the dog's experiences and how they've been brought up and cared for. Choosing to focus on one breed when there are so many other problems just isn't the answer.

"I don't think it will be effective in the long term in terms of bites. There needs to be other factors put in place.

"I know that the Scottish Government is looking at responsible dog ownership and what they can do, but unfortunately I think this one piece of legislation alone is not going to be effective."

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