The Dangerous Dogs (Exemption Schemes and Miscellaneous Provisions) (England and Wales) Order 2023
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Change 1
11 Amendment to the Dangerous Dogs Exemption Schemes (England and Wales) Order 2015
(1) The Dangerous Dogs Exemption Schemes (England and Wales) Order 2015 is amended as follows. (2) In article 2 (interpretation)— (a) in the definition of “person”, at the end insert “, except insofar as the term is used in reference to the owner of a dog of the type known as the XL Bully that is a rehoming organisation to which a certificate of exemption may be issued in respect of the dog by virtue of article 9(2)”; (b) after the definition of “person”, insert— “rehoming organisation” has the meaning given in article 2 of the Dangerous Dogs (Exemption Schemes and Miscellaneous Provisions) (England and Wales) Order2023. . (3) In article 8(3)(a) (third-party insurance), at the beginning, insert “where applicable,”. (4) In article 9 (issue of certificate of exemption)— (a) renumber the existing article as paragraph (1) of article 9; (b) in paragraph (1), for “The”, substitute “Subject to paragraph (2), the”; (c) after paragraph (1), insert— (2) Where the dog is a dog of the type known as the XL Bully that is owned by a rehoming organisation to which a certificate of exemption had been issued in respect of the dog under Part 2 of the Dangerous Dogs (Exemption Schemes and Miscellaneous Provisions) (England and Wales) Order 2023, a certificate of exemption may not be issued by the Agency under paragraph (1) unless it is issued to that rehoming organisation. . (5) In article 10 (requirements attached to certificate of exemption), for sub-paragraphs (a) and (b) substitute— (a) where the owner or person in charge of the dog is a natural person— (i) to keep the dog at the same address as the person to whom the certificate is issued except for any 30 days in a 12-month period; (ii) to notify the Agency of any proposed change of address (other than in respect of any changes of address in the 30 days referred to in paragraph (i)); (b) where the owner is a rehoming organisation— (i) to ensure that the dog lives at the premises specified in the certificate at all times, except where the dog is relocated from those premises to other premises in the event of a fire or other emergency; (ii) where, in the event of a fire or other emergency, the dog is relocated from the premises specified in the certificate to other premises, to notify the Agency in writing of the change of premises and the address of the premises to which the dog has been relocated; (iii) to ensure that a sufficient number of staff are present daily at the premises where the dog is living to provide for the care and management of the dogs being kept at those premises; . (6) After article 11, insert— Change of premises: rehoming organisations 11A. (1) This article applies where the holder of a certificate of exemption— (a) is a rehoming organisation; and (b) proposes to relocate the dog to which the certificate relates from the premises referred to in the certificate to other premises occupied by the holder for any reason other than an emergency. (2) The holder of the certificate of exemption may apply to the Agency to vary the certificate of exemption. (3) An application under paragraph (2) must contain such particulars, be in such form and be accompanied by such evidence as the Agency may reasonably require. (4) On receipt of an application under paragraph (3), the Agency may vary the certificate of exemption if satisfied that the dog to which the certificate relates will continue to be owned and cared for by the holder of the certificate of exemption. (5) Where the Agency approves the variation of a certificate of exemption, the Agency must issue a replacement certificate. . (7) In article 12 (conditions for substitution of person in charge of exempted dog), for “a person” substitute “a natural person”. (8) In article 20 (release of seized dog: general)— (a) in paragraph (2), for “The” substitute “Subject to paragraph (2A), the”; (b) after paragraph (2) insert— (2A) Where the seized dog is a dog of the type known as the XL Bully that is owned by a rehoming organisation and in respect of which a certificate of exemption had been issued to the rehoming organisation under Part 2 of the Dangerous Dogs (Exemption Schemes and Miscellaneous Provisions) (England and Wales) Order 2023, the dog may only be released to that rehoming organisation. . (9) In article 25 (additional requirements), for paragraphs (a) and (b) substitute— (a) where the owner or person in charge of the dog is a natural person— (i) to keep the dog at the same address as the person; (ii) to notify the police of any proposed change of address; (b) where the owner is a rehoming organisation— (i) to ensure that the dog lives at the premises specified by the police at all times, except where the dog is relocated from those premises to other premises in the event of a fire or other emergency; (ii) where, in the event of a fire or other emergency, the dog is relocated from the premises specified by the police under sub-paragraph (i) to other premises, to notify the police of the change of premises and the address of the premises to which the dog has been relocated; (iii) to ensure that a sufficient number of staff are present daily at the premises where the dog is living to provide for the care and management of the dogs being kept at those premises; .
11 Amendment to the Dangerous Dogs Exemption Schemes (England and Wales) Order 2015
(1) The Dangerous Dogs Exemption Schemes (England and Wales) Order 2015 is amended as follows. (2) In article 2 (interpretation)— (a) in the definition of “person”, at the end insert “, except insofar as the term is used in reference to the owner of a dog of the type known as the XL Bully that is a rehoming organisation to which a certificate of exemption may be issued in respect of the dog by virtue of article 9(2)”; (b) after the definition of “person”, insert— “rehoming organisation” has the meaning given in article 2 of the Dangerous Dogs (Exemption Schemes and Miscellaneous Provisions) (England and Wales) Order2023. . (3) In article 8(3)(a) (third-party insurance), at the beginning, insert “where applicable,”. (4) In article 9 (issue of certificate of exemption)— (a) renumber the existing article as paragraph (1) of article 9; (b) in paragraph (1), for “The”, substitute “Subject to paragraph (2), the”; (c) after paragraph (1), insert— (2) Where the dog is a dog of the type known as the XL Bully that is owned by a rehoming organisation to which a certificate of exemption had been issued in respect of the dog under Part 2 of the Dangerous Dogs (Exemption Schemes and Miscellaneous Provisions) (England and Wales) Order 2023, a certificate of exemption may not be issued by the Agency under paragraph (1) unless it is issued to that rehoming organisation. . (5) In article 10 (requirements attached to certificate of exemption), for sub-paragraphs (a) and (b) substitute— (a) where the owner or person in charge of the dog is a natural person— (i) to keep the dog at the same address as the person to whom the certificate is issued except for any 30 days in a 12-month period; (ii) to notify the Agency of any proposed change of address (other than in respect of any changes of address in the 30 days referred to in paragraph (i)); (b) where the owner is a rehoming organisation— (i) to ensure that the dog lives at the premises specified in the certificate at all times, except where the dog is relocated from those premises to other premises in the event of a fire or other emergency; (ii) where, in the event of a fire or other emergency, the dog is relocated from the premises specified in the certificate to other premises, to notify the Agency in writing of the change of premises and the address of the premises to which the dog has been relocated; (iii) to ensure that a sufficient number of staff are present daily at the premises where the dog is living to provide for the care and management of the dogs being kept at those premises; . (6) After article 11, insert— Change of premises: rehoming organisations 11A. (1) This article applies where the holder of a certificate of exemption— (a) is a rehoming organisation; and (b) proposes to relocate the dog to which the certificate relates from the premises referred to in the certificate to other premises occupied by the holder for any reason other than an emergency. (2) The holder of the certificate of exemption may apply to the Agency to vary the certificate of exemption. (3) An application under paragraph (2) must contain such particulars, be in such form and be accompanied by such evidence as the Agency may reasonably require. (4) On receipt of an application under paragraph (3), the Agency may vary the certificate of exemption if satisfied that the dog to which the certificate relates will continue to be owned and cared for by the holder of the certificate of exemption. (5) Where the Agency approves the variation of a certificate of exemption, the Agency must issue a replacement certificate. . (7) In article 12 (conditions for substitution of person in charge of exempted dog), for “a person” substitute “a natural person”. (8) In article 20 (release of seized dog: general)— (a) in paragraph (2), for “The” substitute “Subject to paragraph (2A), the”; (b) after paragraph (2) insert— (2A) Where the seized dog is a dog of the type known as the XL Bully that is owned by a rehoming organisation and in respect of which a certificate of exemption had been issued to the rehoming organisation under Part 2 of the Dangerous Dogs (Exemption Schemes and Miscellaneous Provisions) (England and Wales) Order 2023, the dog may only be released to that rehoming organisation. . (9) In article 25 (additional requirements), for paragraphs (a) and (b) substitute— (a) where the owner or person in charge of the dog is a natural person— (i) to keep the dog at the same address as the person; (ii) to notify the police of any proposed change of address; (b) where the owner is a rehoming organisation— (i) to ensure that the dog lives at the premises specified by the police at all times, except where the dog is relocated from those premises to other premises in the event of a fire or other emergency; (ii) where, in the event of a fire or other emergency, the dog is relocated from the premises specified by the police under sub-paragraph (i) to other premises, to notify the police of the change of premises and the address of the premises to which the dog has been relocated; (iii) to ensure that a sufficient number of staff are present daily at the premises where the dog is living to provide for the care and management of the dogs being kept at those premises; .
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