XL bully restrictions come into force in Scotland

Restrictions on American XL bully-type dogs have come into force in Scotland.

Owners of the breed, which have been linked to a series of attacks across the UK, risk a fine for failing to muzzle the animals and keep them on a lead in public.

The abandonment, breeding, exchanging or selling of the dogs has also been banned.

It means Scotland has fallen in line with England and Wales in imposing controls on XL bullies.

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

The legislation was introduced following concerns over an influx of XL bullies to Scotland since the UK government brought in controls on the dogs south of the border last year.

Owners in England and Wales were ordered to muzzle their dogs from 31 January, while an exemption certificate has been required since 1 February.

The dogs have been linked to the death of Esther Martin in Jaywick, near Clacton-on-Sea, Essex, earlier this month.

First Minister Humza Yousaf initially said that similar rules were not required in Scotland – before later announcing that the Scottish government would largely replicate the restrictions.

Animal charity the Scottish SPCA told BBC Scotland News they were aware of at least 60 XL bullies being brought to Scotland, but the true number is not known.

Scotland’s community safety minister Siobhian Brown has denied claims by some XL Bully owners that the government’s response is disproportionate, but accepted that the new restrictions would not stop the illegal breeding and selling of the dogs.

She said: “The Scottish government does believe in breed not deed and it is really up to responsible ownership.

“But we have been put in a position specifically with XL bullies because of the legislation that was introduced down south and there was a loophole that people could bring Xl bullies up to Scotland so we had to close that loophole because community safety has been paramount.

“Moving forward we never want to be in this position again. I will be working closely with ministers on how we can work together, especially regarding the breeding.”

Separate legislation, which will consider details about being able to re-home a dog if the owner dies or other circumstances which may lead to a dog needing to be re-homed, will be considered at a later date.

Bodies including the British Veterinary Association and the Scottish SPCA disagree with the ban.

The Scottish SPCA’s Mike Flynn said: “They [The Scottish government] originally made the correct call as far as I’m concerned. Banning any individual breed – or in this case, a type – is not going to guarantee public safety.

“Every accident could be preventable with proper education and proper responsible ownership.”

The charity added it had been unable to find homes for two XL bullies. It said it would continue to care for the dogs while it sought further clarification on the judicial review.

First Minister Humza Yousaf said time had been taken to speak to key parties involved in the decision and denied it had been reactionary.

He said: “We had to act given the announced changes by the UK government last year and announced without any consultation with Scotland.

“We’re bringing forward regulations that I hope will stop what we saw at the beginning of this year when we saw transfer of XL bully dogs from England and Wales to Scotland, we don’t want that to be happening.”