S.I. No. 491/2024 - Control of Dogs (XL Bully) Regulations 2024

1. Previous unexplained excessive surgical haemorrhage.

2. Cardio-pulmonary compromise

3. Other medical reasons(s) (Briefly outline above)

*Delete as appropriate

Name of Veterinary Surgeon

VCI Registration Number

Veterinary Practice Name & Address

Veterinary Practice stamp

Signature of Veterinary Surgeon

Date

GIVEN under my Official Seal,

26 September, 2024.

HEATHER HUMPHREYS,

Minister for Rural and Community Development.

4. I undertake to ensure that the dog is accommodated in a premises that is secure, appropriate to its welfare and in such a manner as to prevent the dog’s escape.

5. I understand that it is my responsibility as the dog owner to ensure that I am compliant with all other relevant legislation relating to the ownership of the dog.

6. I understand that it is illegal to do any of the following in relation to the dog

i. breed from the dog

ii. dispose, sell or exchange the dog

iii. advertise or expose the dog for sale, give the dog as a gift, or advertise the dog as a gift

iv. abandon the dog or allow the dog to stray

v. Fail to keep the dog muzzled in a public place

vi. Fail to keep the dog on a lead in a public place

vii. Fail to keep the dog in appropriate and secure accommodation

I consent that the Local Authority processing this application for Certificate of Exemption will collect and process a certain amount of my personal data in order to process this application. This data will be handled, stored and processed in accordance with that Local Authority’s Data Protection and Privacy Policy.

I acknowledge that providing false details or failing to comply with the Certificate of Exemption requirements will invalidate the Certificate. In such cases, I may face prosecution, and the dog mentioned in this application may be seized and subsequently destroyed in a humane manner.

Signature of Applicant

Name of Applicant (Block Capitals)

Date of signature

SCHEDULE 3

Regulation 7

CERTIFICATE OF EXEMPTION

XL Bully Type Dog Certificate of Exemption

Owner Information

Name of Owner

Date of Birth

Contact telephone number

Email address

Address (Including Eircode)

Dog Information

Certificate of Exemption Reference Number

Dog Licence Number

Microchip Number

Name of Dog

Sex of Dog

Date of Birth of Dog

Colour of Dog

Date Certificate Issued

Exemption Authorised by

Signature

SCHEDULE 4

Regulation 7

CONFIRMATION THAT XL BULLY HAS BEEN

NEUTERED OR IS EXEMPT FROM BEING NEUTERED

Veterinary Confirmation of Neutering Status

Confirmation that an XL Bully Type dog has been neutered or is exempt from neutering

Section 1: Dog Owner to Complete

Use BLOCK CAPITALS. All fields are mandatory unless stated otherwise.

Details of Dog

Dog’s name

Microchip number

Colour of dog

Date of birth of dog (estimate the date if it is not known)

Sex of dog

Enter male or female.

Details of Owner

Name of owner

Email address of owner (optional)

Enter an email address if you have one.

Address of owner

Eircode

Contact telephone number of owner

Signature of owner

Date

Section 2: Veterinary Surgeon Declaration

The Veterinary Surgeon should complete Section 2 and delete Part A or B as appropriate.

Dog’s Name

Microchip number

*Date of neutering

*Date of confirmation that the dog was previously neutered

*Delete as appropriate

(A) *Veterinary Surgeon Neutering Declaration

I hereby confirm that the dog identified on this form has been neutered through castration in the case of a male dog, or through spaying in the case of a female dog.

I hereby confirm that the microchip number of the dog that has been neutered matches the microchip number on this form.

(B) *Veterinary Surgeon Exemption from Neutering Declaration

I hereby certify that in my opinion the dog identified on this form should not be neutered for the following Medical Reason(s)

_______________________________________________________________

_______________________________________________________________

_______________________________________________________________

Examples of Medical Reasons where surgical neutering may be contra-indicated

7. (1) The relevant owner of a relevant XL Bully may make an application, in the form set out in Schedule 2 –

(a) for the issue of a certificate, in the form set out in Schedule 3, permitting the owner to continue to own the XL Bully on and after 1 February 2025 for so long as the certificate is valid, and

(b) to the local authority for the functional area in which the XL Bully –

(i) is kept, or

(ii) is intended to be kept after the issue (if any) of such certificate.

(2) The local authority concerned shall determine an application under paragraph (1) –

(a) by issuing to the applicant a certificate of exemption where –

(i) it is satisfied that the application complies with all the requirements of these Regulations in so far as they relate to the application, and

(ii) the information contained in, or annexed to, the application satisfies the local authority that the XL Bully the subject of the application –

(I) either –

(A) is the subject of a dog licence, issued under section 3(1) of the Act, which is valid, or

(B) is not required to be the subject of such dog licence by virtue of section 5 of the Act,

(II) is microchipped in accordance with the Microchipping of Dogs Regulations 2015 (

S.I. No. 63 of 2015

), and

(III) is the subject of a confirmation, in the form set out in Schedule 4, stating that the XL Bully –

(A) has been neutered, or

(B) is exempt from neutering, or

(b) in any other case, by refusing the application.

Requirements applicable to owner of XL Bully after issue of certificate of exemption

8. (1) The owner of an XL Bully the subject of a certificate of exemption –

(a) shall, subject to paragraph (2), keep the XL Bully at the same address at which the owner resides,

(b) shall, subject to paragraph (3) –

(i) make an application, in the form set out in Schedule 2, for a new certificate of exemption –

(I) if the owner changes his or her place of residence,

(II) to the local authority which issued such certificate or, if applicable, the local authority for the functional area in which the new place of residence is situated, and

(III) not more than 30 days after the day on which he or she changed his or her place of residence, and

(ii) if the application referred to in clause (i) is made to the local authority second-mentioned in clause (i)(II), send a copy of that application, marked “For Information Only”, to the local authority first-mentioned in clause (i)(II),

(c) shall, if he or she has become such owner due to the death of the person named in the certificate of exemption as the owner of the XL Bully or due to the incapacity, for whatever reason, of such person to continue to own the XL Bully –

(i) make an application, in the form set out in Schedule 2 and not later than 3 months after he or she became such owner, for a new certificate of exemption to the local authority which issued such certificate or, if applicable, the local authority for the functional area in which the place of residence of the owner is situated, and

(ii) if the application referred to in clause (i) is made to the local authority second-mentioned in that clause, send a copy of that application, marked “For Information Only”, to the local authority first-mentioned in that clause,

(d) shall, if the XL Bully dies or is exported, give notice in writing of that fact, to the local authority which issued such certificate, not later than 30 days after such death or export, as the case may be,

(e) shall not permit the XL Bully to be in a public place unless the XL Bully is –

(i) being led by means of a sufficiently strong chain or leash not exceeding two metres in length by a person over the age of 16 years who is capable of controlling the XL Bully, and

(ii) securely muzzled in a manner which prevents the XL Bully from biting,

(f) shall ensure that –

(i) the premises at which the XL Bully is kept are appropriate for the welfare of the XL Bully, and

(ii) such premises are secured in a manner which prevents the XL Bully from escaping therefrom,

(g) shall, if the XL Bully is microchipped in accordance with the Microchipping of Dogs Regulations 2015 (

S.I. No. 63 of 2015

), permit a dog warden to read the XL Bully’s microchip upon any reasonable request to do so made by the dog warden,

(h) shall, if requested by a dog warden to do so, produce such certificate, within ten days of the date of the request, for examination by the dog warden, and

(i) shall, if the XL Bully is the subject of a confirmation referred to in Regulation 7(2)(a)(ii)(III)(B) and the only medical reasons specified in the confirmation relate to the fact that the XL Bully has not attained the age of 18 months at the time such confirmation was issued, ensure that, as soon as is practicable after the XL Bully has attained that age –

(i) the XL Bully is neutered, and

(ii) the local authority which issued the certificate of exemption is given a copy of a confirmation, in the form set out in Schedule 4, stating that the XL Bully has been neutered.

(2) Subparagraph (a) of paragraph (1) shall not apply in any case where the XL Bully is kept, for not more than 30 days in total in any year, at an address other than the address at which the owner of the XL Bully resides.

(3) Subparagraph (b) of paragraph (1) shall not apply in any case where the owner of the XL Bully returns to his or her place of residence specified in the certificate of exemption issued in respect of the XL Bully within 30 days of changing his or her place of residence.

(4) Subject to paragraphs (2) and (3), a certificate of exemption issued in respect of an XL Bully ceases to be valid if the owner of the XL Bully fails to comply with subparagraph (a), (b) or (c) of paragraph (1).

Destruction in humane manner of XL Bully not subject of certificate of exemption

9. Subject to Regulation 5(4)(b)(iii), on and after 1 February 2025, a dog warden may -

(a) seize and detain an XL Bully which is not the subject of a certificate of exemption, and

(b) destroy, or cause to be destroyed, in a humane manner, such XL Bully.

SCHEDULE 1

Regulation 4

PHYSICAL CONFORMATION STANDARD FOR XL BULLY

Introduction

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of

27

th September,

2024.

I, HEATHER HUMPHREYS, Minister for Rural and Community Development, in exercise of the powers conferred on me by

section 19

of the

Control of Dogs Act 1986

, hereby make the following regulations

Citation