XL Bully dogs in Scotland: child protection

Introduction of a new child protection condition for holders of a Certificate of Exemption

In 2024 the Scottish Government introduced strict controls in relation to XL Bully dogs. XL Bully dog owners were able to apply to the Scottish Government for a Certificate of Exemption for their XL Bully dog to allow them to legally keep their dog. Since 1 August 2024 it has been an offence to own a XL Bully dog in Scotland without a Certificate of Exemption from the Scottish Government.

Owners of XL Bully dogs with a Certificate of Exemption are subject to strict conditions, such as requiring their dog to be kept on a lead and muzzled in public. Breach of exemption conditions is an offence.

From 1 November 2026, a new exemption condition will apply.

Owners of XL Bully dogs with a Certificate of Exemption must ensure that any child under 12 is not left in close contact with their exempted dog in a private place, such as a home or garden, without appropriate supervision. This is called the child protection condition. This change also applies to all other prohibited dogs under the Dangerous Dogs Act 1991.

The introduction of this new child protection condition for exempted dogs is intended to act as a preventative measure, and reduce known safety risks to children in domestic settings by establishing a clear minimum standard of supervision where exempted dogs are in proximity to children under 12.

If appropriate supervision cannot be maintained, then the child and exempted dog must be safely separated in a way that prevents any physical contact.

Young children, especially those under 12, are at higher risk of dog-related injuries in the home, where incidents often involve a dog they know. Children may behave in ways that some dogs find uncomfortable, including sudden movements, loud noise, or close contact.

This guidance sets out recommendations for following this legal requirement. It also gives advice on how to keep children and exempted dogs safely apart when supervision is not possible.

The guidance is intended specifically for owners of exempted dogs to help understand the new child protection condition, but may be relevant for other dogs and situations where dogs and children are in close proximity to each other within a home.

Dog owners are already expected to act responsibly when it comes to looking after children in a property with a dog. This expectation applies for any dog, not just exempted dogs. The safety of children is paramount and ultimately, it is responsible dog ownership that is key to effective control of dogs.

Owners remain fully responsible for any harm caused by their dogs.

It will ultimately be for the courts to decide what needed to be done to comply with this exemption condition in any given case that is brought and nothing in this guidance affects the role of the court in determining whether a breach of exemption conditions has occurred.

Within this context, the Scottish Government recommends that owners of exempted dogs should keep the following in mind when seeking to adhere to the child protection condition.

If owners do not adhere to this new child protection condition, the Certificate of Exemption for their dog will not be valid and the police could seize the dog because they have broken the law. Breach of exemption conditions is an offence and the owner could face criminal prosecution.

While this legal requirement applies to prohibited breed dogs (such as the XL Bully) and children under 12, older children can still be at risk of dog-related injuries (whether a dog is exempt or not).

All dog owners should think about supervising their dog around children, regardless of the type of dog they have, how big it is or how it usually behaves.