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PART 3E+WSubstitution of Person in Charge of [F1an Exempted Dog]

Textual Amendments

Conditions for substitution of person in charge of exempted dogE+W

[F212.  A person may apply to a magistrates’ court to be substituted as the person in charge of a dog if—

(a)the dog is exempt from the prohibition in section 1(3) of the Act by virtue of a certificate of exemption issued under Part 2 of this Order or Part 3 of the Dangerous Dogs (Compensation and Exemption Schemes) (England and Wales) Order 2023 (in this Part referred to as “the original certificate of exemption”); and

(b)the person to whom that certificate of exemption has been issued is unable to continue to be in charge of the dog by reason of—

(i)the death of that person; or

(ii)the serious illness of that person.]

Textual Amendments

Procedure for applicationE+W

13.—(1) The applicant must provide details in accordance with article 14 to the chief officer of police for the area in which the applicant lives at least two weeks before making an application to the court.

(2) An application must be made—

(a)to the magistrates’ court in the applicant’s local justice area;

(b)subject to any extension granted by the court under paragraph (5), no later than six weeks after the date—

(i)of the death of the person in charge in the case of an application pursuant to article [F312(b)(i)] (death of person in charge), or

(ii)of the official letter from the medical practitioner confirming the serious illness of the person in charge (“official letter”) in the case of an application pursuant to article [F412(b)(ii)] (serious illness of person in charge);

(c)in writing and must include evidence—

(i)of either circumstance mentioned in article [F512(b)(i) or (ii)] by way of a death certificate or an official letter from a medical practitioner (as appropriate),

(ii)that the details have been provided to the chief officer of police in accordance with paragraph (1), and

(iii)that the application has been served on the chief officer of police in accordance with paragraph (3).

(3) The applicant must serve a copy of the application made to the court on the chief officer of police to whom the information set out in article 14 has been provided.

(4) A court officer must notify the applicant and the chief officer of police on whom the application is served of the date the application is listed to be dealt with.

(5) The court may extend the time limits set out in paragraph (2)(b) on application by the applicant if satisfied there is a good reason to do so.

(6) Any failure by the applicant to comply with paragraph (2)(b) results in the dog no longer being exempt from the prohibition in section 1(3) of the Act.

Textual Amendments

Details to be given to the policeE+W

14.  The applicant must provide to the chief officer of police for the area in which the applicant lives the following details—

(a)the name of the applicant;

(b)the address of the applicant;

(c)the date of birth of the applicant;

(d)details of the exempted dog; and

(e)details of the person to whom the [F6original] certificate of exemption was issued in respect of the dog.

Textual Amendments

Court determinationE+W

15.—(1) The court may only grant the application for substitution of the applicant as the person in charge of an exempted dog if satisfied that the dog does not constitute a danger to public safety.

(2) In determining whether the dog constitutes a danger to public safety the court—

(a)must consider—

(i)the temperament of the dog including its past behaviour; and

(ii)whether the applicant is a fit and proper person to be in charge of the dog; and

(b)may consider any other relevant circumstances.

Effect of making an applicationE+W

16.—[F7(1)] Until the application is determined by the court—

(a)the dog may be kept at the applicant’s address with the applicant on and after the date—

(i)of the death of the person in charge in the case of an application pursuant to article [F812(b)(i)]; or

(ii)of the official letter from the medical practitioner in the case of an application pursuant to article [F912(b)(ii)]; and

(b)where paragraph (a) applies, the requirements set out in article 10(1) save for article 10(1)(a) apply in relation to the applicant F10....

[F11(2) The dog continues to be exempt from the prohibition in section 1(3) of the Act by virtue of the original certificate of exemption until—

(a)such time as the application has been determined and the court has not granted the application pursuant to article 15; or

(b)where the application has been granted pursuant to article 15, such time as the Agency has issued a certificate of exemption to the applicant under article 18 or, where applicable, the court has otherwise directed.]

Textual Amendments

Successful application for substitutionE+W

17.  If the court is satisfied that the applicant is a fit and proper person to be substituted as the person in charge of the exempted dog the court must notify the Agency of—

(a)the name of the applicant;

(b)the address and contact details of the applicant;

(c)details of the person to whom the original certificate of exemption was issued; and

(d)details of the exempted dog to which the application applies.

Issue of certificate of exemption to the applicantE+W

18.—(1) The Agency must issue a new certificate of exemption to the applicant in respect of the dog if it is satisfied that—

(a)the court has determined the person to be substituted as the person in charge of the dog as a fit and proper person to be in charge of the dog;

(b)a fee of [F12£92.40] has been paid to the Agency; and

(c)third-party insurance compliant with article 8 has been obtained by the applicant.

(2) Article 10 (requirements attached to certificate of exemption) applies in relation to a new certificate of exemption issued under this article.

Textual Amendments

Failure to comply with the requirements attached to the certificate of exemptionE+W

19.  A dog is not exempt from the prohibition in section 1(3) of the Act—

(a)if there is a failure to comply with the requirements attached to the certificate of exemption issued in accordance with article 18 at any time after the certificate is issued;

(b)if there is a failure to comply with the requirements in article 10(1) where article 16(b) applies.