XL Bully ban: What Scottish dog owners need to know - as Scotland releases details on its own breed ban

The Scottish government has revealed details of what the country's upcoming XL bully ban will look like - after an influx of the controversial dogs across the border after they were banned in England.

MPs first took aim at American XL bullies, a fairly new breed derived from pit bulls, in September 2023, with Prime Minister Rishi Sunak later announcing the breed would be banned on the back of two serious attacks - one of which saw a man killed. The second stage of England and Wales' XL bully ban is now less than two weeks away, with just eight weekdays left to apply for an exemption. From 1 February, it will be illegal to own an XL bully without one - and all dogs meeting the government's type criteria will soon need to be microchipped, and spayed or neutered.

The Scottish government last week indicated it planned to introduce a similar ban. First Minister Humza Yousaf said this was, in part, due to "a flow of XL bully dogs coming to Scotland, [and] a number of people coming to Scotland to bring XL bully dogs here to the country" as England's ban loomed south of the border.

But what have the Scottish government said about how the breed ban will work for Scotland's dog owners? Here's everything you need to know:

What will Scotland's breed ban look like?

The Scottish government's current plan is to "replicate" the English and Welsh ban, which saw XL bullies added to the Dangerous Dogs Act. Scotland will also be looking to make improvements to its own 2010 Control of Dogs Act.

In the UK, this meant that the government had to establish a set of guidelines as to which dogs met the XL bully criteria - given that American bullies are crossbreds, and not recognised by the British Kennel Club. It is currently unknown whether Scotland will use these guidelines - which are based on physical characteristics rather than breeding or DNA - or develop their own.

It is understood that the Scottish ban will also follow a two-phase approach. The first phase, which kicks in at an earlier date, will make it an offence to breed, buy, sell, abandon, give away, or otherwise rehome an XL bully in Scotland - even if you're a professional breeder or animal rescue. In England and Wales, XL bullies also had to be muzzled and kept on a lead while in public from this same date.

The second phase will require all owners wishing to keep their dogs to apply for an exemption for them. In England and Wales, this cost £92.40 per animal. These owners will need to arrange third-party insurance by the time applications close, and provide a microchip number (or a veterinary exemption that the dog is too young or can't have one for health reasons). They will also have to spay or neuter their dog by a set date.

The Scottish government is yet to set dates or timelines for either phase. But it has indicated that for owners who no longer wish to keep their XL bully, there will be compensation - including for putting it to sleep. In England, this can be £200.

What have MSPs said about XL bullies?

Scottish community safety minister Siobhian Brown said the breed ban was “right and proper”, PA reports, amid concern over an influx of XL bully dogs being transported or abandoned in Scotland after the English ban. As she announced the new safeguards in Holyrood, she blamed the UK Government for failing to consider the “knock-on impacts” of its own controls south of the border.

“As the First Minister set out last week, the UK Government failed to act to stop dog owners in England and Wales evade the new controls by bringing their dogs to Scotland," Brown said. “That changed the balance of whether we needed to act here in Scotland. These are exceptional circumstances in which we find ourselves. It means that it is now right and proper that we replicate the controls being implemented south of the border.”

However, she did add: “We recognise the vast majority of dog owners are responsible animal lovers and will want to keep their XL bully dogs and comply with these safeguards when they are introduced.”

Conservative justice spokesman Russell Findlay hit out at the Scottish Government for having “dithered” over whether to follow the UK government in banning XL bullies, while praising the UK Conservative's actions. Findlay said the Tories had warned “that the SNP’s stupidity would result in an influx of XL bullies into Scotland and that is exactly what is happening”.

“Adults and children across the UK have been maimed and killed by XL bullies," he said. “In response, and rightly, UK ministers moved quickly to protect the public. They banned the breeding, sale, exchange and gifting of these dangerous and powerful animals.”

Meanwhile, Labour’s Colin Smyth said the announcement was “another example of the inability of our two governments to work together”. But PA reports that he stressed “appalling dog attacks” could still happen when “irresponsible owners” of other breeds failed to keep their animals under control.

He called for stronger powers for councils, the police and courts “that make clear responsibility ultimately lies with irresponsible owners and irresponsible breeders”.

What does the Scottish SPCA say?

The Scottish SPCA opposes the ban. On learning the details this week, Scottish SPCA Chief Superintendent, Mike Flynn, said: “Today is a sad day. We are very disappointed that the Scottish Government has chosen to implement these ‘safeguards’ in Scotland.

"As a responsible charity, we will of course comply with the Scottish Government’s decision, but we hope very much that they have learned from mistakes made by the UK government in a number of areas," he continued. "We are looking for workable, enforceable solutions."

He said Scotland now faced the prospect of trying to identify which dogs fit the XL bully type, creating an enormous and heartbreaking burden on vets and rescue centres, and worrying caring owners over the timescale, expense and process for exempting their "beloved XL bully pets". Mr Flynn added that he appreciated the Scottish government's willingness to work with them on implementing the breed ban - but while the SSPCA understood government felt it had little choice, they were concerned about the speed of the new regulations "being rushed through".

"We also want to reassure Scotland’s caring owners that we’ll support you in this journey as much as we’re able," he added.