Dangerous Dogs Act 1991: What you need to know

The Dangerous Dogs Act 1991 was introduced with the aim to stop dog attacks. Part of this was breed-specific legislation (BSL), which banned people from owning specific breeds.

Banned breeds has been more of a hot topic in the last few years because of the American XL bully ban. The government introduced this in 2023, and since then, it's illegal to own an XL bully without an exemption certificate.

BSL is controversial, and many charities claim that the ban itself isn't fit for purpose. That's because it looks at a dog's appearance, rather than taking into account its behaviour. Charities have also claimed that the ban hasn't had an impact on dog attacks either.

In this guide, we'll discuss the Dangerous Dogs Act, breed-specific legislation and responsible dog ownership.

What is the Dangerous Dogs Act?

The Dangerous Dogs Act was introduced in 1991. Before the act, you couldn't be charged if your dog caused injury or fear of injury.

The act gave police and local authorities the power to seize dangerous dogs and prosecute owners. The act applies to all dog breeds and types, not just banned breeds.

Part of the act was breed standard legislation, or BSL, which bans certain types of dog breeds for public safety. It makes owning, selling, breeding or abandoning any dog listed in the legislation illegal.

The act applies to England, Wales and Scotland. It's changed over the years, here's how:

1991 - The government introduces the ban

There were around 10 dog attacks in 1991, which prompted the government to take action and ban certain breeds. This formed part of the act known as breed-specific legislation.

The idea of the act was to ensure public safety, but during its launch it was criticised as "not being fit for purpose".

That's because it's based on dog's measurements and looks rather than their behaviour.

1997 - The rules were relaxed

The act had been in force for 6 years by this point, and the conservative Home Office MP claimed that the act had achieved its main objective. So, there was more flexibility in deciding a dangerous dog's fate.

The amendment also meant authorities could also impose controls on any dangerous dogs, like muzzles, leads or mandatory neutering.

2006 - New dog control orders were imposed

While not directly related to the Dangerous Dogs Act, the new 2006 rules meant that local authorities could:

• Issue orders to owners who didn't pick up their dog's mess
• Order owners to keep their dogs on a lead
• Restrict dogs in certain areas

The whole idea of these new rules was to protect children's playgrounds, beaches and picnic areas from unruly dogs and their mess. If you breach these rules, you could get a £1,000 fine.

2023 - XL bullies added to the list of banned breeds

In 2023, American XL bullies (XL bullies) were added to the list of banned breeds. This was after several XL bully attacks.

It's the largest breed of American bully dog - but they aren't a specific breed with specific breed points. Like a spaniel or collie, for example.

The ban came in phases; here's the timeline:

• From 31 December 2023: It's illegal to sell, give away, abandon or breed from an XL bully
• From 1 February 2024: It's a criminal offence to own an XL bully without an Certificate of Exemption

There were also neutering deadlines for the ban:

For dogs over 12 months old on 31 January 2024: These dogs must have been neutered by 30 June 2024.

For dogs 7–12 months old: They must be neutered, and the evidence submitted to DEFRA by 31 December 2024.

For dogs under 7 months: The deadline was extended to 30 June 2025 - but this has now passed, so your dog won't be exempt from the ban.

Scotland and Northern Ireland

Scotland and Northern Ireland also banned XL bullies, but they used slightly different timings:

What makes a dog 'dangerous' under UK law?

A dangerous dog is any dog that's 'dangerously out of control'. That means the dog has either caused an injury to a person or an assistance dog, or it's feared the dog might cause an injury. This doesn't just apply to banned breeds.

If your dog is 'dangerously out of control', as the owner you're responsible and could be held liable. This applies even if you didn't intend for or know the dog would act in this way.

If your dog is dangerously out of control and causes injury, or fear of injury, you could:

• Pay a fine
• Go to prison
• Be banned from owning a dog
• Pay compensation to the victim of the attack

The 'fear of injury' clause is subjective, and someone might make a claim about your dog that's unfounded.

If there's an accusation, the police would pay you a visit first to chat about your dog. They'd usually take a dog legislation officer with them to see the dog.

If your dog remains calm and non-aggressive during the examination, and there's no witness statements or CCTV, it's unlikely that the accusation will hold up.

In some cases, your dog might have to stay in kennels while this examination happens. Or until they reach a verdict.

If you're worried about your dog and its behaviour in public spaces, you could contact Dogs Trust's behaviour support line. They offer free help and advice for any owners.

Which dog breeds are banned in the UK?

These breeds are currently banned in the UK:

• Pit Bull Terrier
• Japanese Tosa
• Dogo Argentino
• Fila Brasileiro
• American bully XL

If your dog is suspected to be a 'type' of breed listed here, then it could be seized by the police.

'Type' means your dog has characteristics of a banned breed. Once they're seized, they're examined by an expert using a set of breed standards. These are mainly based on the dog's appearance. The examiners don't consider genetics or parentage. For example, if your dog has characteristics of a Dogo Argentino, it could be seized by the police.

The police can take your dog even if it hasn’t shown any aggression and no one has made a complaint.

If they don't meet the 'type' criteria, the dogs can return home. But that's only if the dog doesn't pose any risk to public safety and the owner is looking after the dog properly.

If they're returned, they might have to be muzzled and on a lead whenever they're out in public. This is particularly the case with American XL bullies.

If your dog is deemed dangerous, it may be put to sleep.

The controversy surrounding breed-specific legislation

The Dangerous Dogs Act, particularly the breed-specific legislation, is a contentious topic. So let's look at both sides of the argument.

Supporters of the ban claim that breeds like pitbull terriers and American XL bullies have dangerous characteristics in their genetic make-up. That's because of what they were bred for.

Breeds like pitbulls and XL bullies have a strong bite and generally don't give up once they're engaged in an attack. This makes the bites more severe and more likely to cause lasting damage, or worse.

By banning the breed, the government lessened the chances of these attacks happening. Specifically to vulnerable people.

But welfare groups have debated this. Because it doesn't consider responsible owners, who implement proper training or take precautions with their dog.

The RSPCA says:

"Aggressive behaviour can be influenced by factors such as how they’re bred, reared and experienced throughout their life. Breed isn’t a good way to predict risk of aggression."

The ban also 'types' breeds, rather than taking into account their actual behaviour.

An example of where 'typing' falls down is in a litter of crossbreed puppies. Half of these puppies could meet the criteria for an XL bully, for example.

But the other half could be smaller, so they wouldn't meet the breed standard - even though they're siblings.

According to the RSPCA, the Dangerous Dogs Act hasn't had much of an effect on bites. The charity states that despite the ban, in the past 20 years (1999 to 2019), bites have increased by 154% from 3,454 to 8,775.

There's also not enough research to suggest that banned breeds are more aggressive than any other type of dog.

Some charities say that the legislation itself is flawed too. Blue Cross states that the Dangerous Dogs Act is often cited by lawmakers as an excellent example of how not to enact legislation.

According to the charity, legal experts have said that the ban moved through the House of Commons and Lords so quickly that it wasn't properly scrutinised.

What responsibilities do dog owners have under the Dangerous Dogs Act?

If you're thinking of getting a dog and buy a banned breed, like an XL bully, you're breaking the law.

Shelters aren't allowed to rehome XL bullies, it's also illegal to buy one from a breeder (the breeder is committing an offence too).

If you own an XL bully, you should have already applied for a certificate of exemption. The deadline for this has passed, so if you missed it, you'll need to contact your local police force.

You have to submit this confirmation to the Department for Environment, Food & Rural Affairs (DEFRA).

If you've got your certificate, there are still some rules you have to follow. Your dog must always:

• Be muzzled when out in public
• On a lead
• Neutered
• Microchipped
• Kept in a secure place so it can't escape

Owners and handlers must be over the age of 16 too.

You'll also need third-party liability insurance for your dog so it's covered in case it causes injury to another person or animal. We'll talk more about this shortly.

Dogs Trust can help if you have an XL bully. Call the behaviour helpline, and they can help you with things like muzzle training, insurance information and guidance on microchipping and neutering.

Keep your certificate on you or in a safe place. If a police officer or dog warden asks, you'll need to show them your certificate either there and then or within 5 days.

It's really important to follow these rules, if you don't, it could mean:

• You're prosecuted.
• You get a criminal record.
• An unlimited fine.
• Your dog could be seized.
• If your dog injures someone while it's not wearing a muzzle, you could go to prison for up to 14 years.

If you change your address or your dog dies, make sure you let the Index of Exempt Dogs know:

• You can email: dogsindex@defra.gov.uk or phone 020 8026 4296.
• You can also write to them at: Dogs Index, PO Box 68250, London, SW1P 9XG