Question

What is breed specific legislation, and what has changed?

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Answer

Law prohibiting or restricting particular types of dog by appearance and physical characteristics — and it is among the most contested areas of animal law, criticised by most veterinary and welfare bodies while remaining in force.

The framework. The Dangerous Dogs Act 1991 prohibits certain types of dog. The prohibited types have included the pit bull terrier, Japanese tosa, dogo Argentino and fila Brasileiro, with the XL bully added to the list in England and Wales, with a phased set of requirements introduced from late 2023 and into 2024.

The crucial and widely misunderstood point: it applies to "type", not breed. A dog is prohibited if it matches a physical description — measurements, proportions and general appearance — regardless of its parentage, pedigree or DNA. A dog of no particular breeding can be judged to be of a prohibited type, and its actual ancestry is not a defence. This is why owners are frequently astonished to find their dog assessed as prohibited.

What happens. A dog assessed as a prohibited type may be seized. The owner can apply to have it placed on the Index of Exempted Dogs, which requires a court to be satisfied the dog is not a danger, and imposes conditions: neutering, microchipping, third-party insurance, muzzling and being kept on a lead in public, and the dog cannot be sold or given away.

Why it is criticised. Veterinary, welfare and behaviour organisations have consistently argued that:

Appearance does not predict behaviour, and identification by measurement is unreliable.

Bite statistics have not fallen following the legislation, which is the central empirical objection — the stated purpose was to reduce injuries, and evidence that it has done so is weak.

It punishes dogs for existing rather than for behaviour.

Owner behaviour, breeding practice and socialisation are the stronger predictors, and are not addressed.

Welfare consequences for dogs kept in kennels during lengthy proceedings.

What applies to all dogs regardless of type: it is an offence for any dog to be dangerously out of control anywhere, including in the owner's home, and the consequences are serious including imprisonment.

The law differs across the UK nations, and requirements have been introduced on different timescales.

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