S.I. No. 214/2025 - Control of Dogs (XL Bully) (Amendment) Regulations 2025

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 6th June, 2025.

I, DARA CALLEARY, Minister for Rural and Community Development, in exercise of the power conferred on me by section 19 of the Control of Dogs Act 1986 , hereby make the following regulations:

Citation

1. These Regulations may be cited as the Control of Dogs (XL Bully) (Amendment) Regulations 2025.

Commencement

2. These Regulations shall come into operation on 9 June 2025.

Definition

3. In these Regulations, “Principal Regulations” means the Control of Dogs (XL Bully) Regulations 2024 ( S.I. No. 491 of 2024 ).

Amendment of Regulation 3 of Principal Regulations

4. Regulation 3 of the Principal Regulations is amended –

(a) by the insertion of the following definition:

“‘Act’ means the Control of Dogs Act 1986 (No. 32 of 1986);”, and

(b) in the definition of “relevant XL Bully”, by the insertion of “, subject to Regulation 10(2),” after “means”.

Amendment of Regulation 9 of Principal Regulations

5. Regulation 9 of the Principal Regulations is amended by the substitution of “Regulations 5(4)(b)(iii), 11 and 12” for “Regulation 5(4)(b)(iii)”.

Amendment of Principal Regulations – insertion of Regulations 10, 11 and 12

6. The Principal Regulations are amended by the insertion of the following Regulations after Regulation 9:

“Interpretation – this Regulation, Regulations 11 and 12 and Schedules 5 to 8

10. (1) In this Regulation, Regulations 11 and 12 and Schedules 5 to 8 –

‘Regulation 11 decision on review’ means the notice under Regulation 11(6);

‘Regulation 11 notice of no objection’ means the notice under Regulation 11(2)(a);

‘Regulation 11 notice to relevant owner’ means the notice under Regulation 11(1);

‘Regulation 11 review’, in relation to a relevant opinion the subject of a Regulation 11 review request, means the review under Regulation 11(6) of that opinion;

‘Regulation 11 review request’ means the request referred to in Regulation 11(3)(a);

‘relevant dog’ means the dog referred to in Regulation 11(1);

‘relevant dog warden’ means the dog warden referred to in Regulation 11(1);

‘relevant local authority’, in relation to the relevant dog warden, means the local authority for which he or she is a dog warden;

‘relevant opinion’ means the opinion referred to in Regulation 11(1)(a);

‘review officer’, in relation to a Regulation 11 review, means the person appointed under Regulation 11(4)(b) to conduct the review.

(2) The reference to an XL Bully in the definition of ‘relevant XL Bully’ in Regulation 3 shall, for the purposes of this Regulation, Regulations 11 and 12 and Schedules 5 to 8, include the relevant dog unless and until the relevant opinion is the subject of a Regulation 11 decision on review setting aside the opinion.

Review of relevant opinions

11. (1) Subject to paragraph (2), where a dog is not the subject of a certificate of exemption, or an application under Regulation 7(1) which has not been determined under Regulation 7(2), and a dog warden –

(a) is of the opinion that the dog is an XL Bully, and

(b) has exercised his or her power under Regulation 9(a) to seize and detain the dog,

he or she shall, as soon as is practicable after such seizure and detention, issue to the relevant owner of the dog a notice in the form set out in Schedule 5.

(2) (a) Subject to subparagraph (b), paragraph (1) shall not apply where the relevant owner of the relevant dog gives a notice, in the form set out in Schedule 6, to the relevant local authority (or the relevant dog warden on behalf of the relevant local authority) that he or she has no objection to the relevant dog warden exercising his or her powers under Regulation 9 in relation to the dog.

(b) Where the relevant local authority receives a notice of no objection from the relevant owner subsequent to the issue of the Regulation 11 notice to relevant owner, paragraphs (3) to (8) shall not apply.

(3) (a) Subject to subparagraph (b) and Regulation 12, where the relevant owner of the relevant dog is of the opinion that the dog is not an XL Bully, he or she may, not later than 21 days after the date of issue of the Regulation 11 notice to relevant owner, make a request, in the form set out in Schedule 7, to the relevant local authority to review the relevant opinion.

(b) The relevant owner’s grounds (if any) for his or her opinion referred to in subparagraph (a) may be set out in the Regulation 11 review request, set out in a subsequent document or documents given to the relevant local authority before the expiration of the 21 days referred to in that subparagraph or set out by being split between such request and such document or documents.

(c) Any subsequent document or documents referred to in subparagraph (b) shall be deemed to be part of the Regulation 11 review request and references in these Regulations to such request shall, with all necessary modifications, be construed accordingly.

(4) (a) Where the relevant local authority receives a Regulation 11 review request, it shall, as soon as is practicable, cause the relevant dog to be returned to the relevant owner pending the outcome of the Regulation 11 review.

(b) Subject to subparagraph (c), where the relevant local authority receives a Regulation 11 review request, it shall, as soon as is practicable, appoint a person who is a veterinary practitioner registered under Part 4 of the Veterinary Practice Act 2005 (No. 22 of 2005) to conduct the Regulation 11 review.

(i) be a dog warden, nor

(ii) have taken part, in any capacity, in the forming of the relevant opinion or the seizing and detaining of the relevant dog under Regulation 9(a).

(5) Subject to paragraph (8), where the relevant dog is returned to the relevant owner pursuant to paragraph (4)(a), the owner –

(a) shall not permit the dog to be in a public place unless the dog is –

(i) being led by means of a sufficiently strong chain or leash not exceeding two metres in length by a person over the age of 16 years who is capable of controlling the dog, and

(ii) securely muzzled in a manner which prevents the dog from biting,

(b) shall ensure that –

(i) the premises at which the dog is kept are appropriate for the welfare of the dog, and

(ii) such premises are secured in a manner which prevents the dog from escaping therefrom, and

(c) without prejudice to the operation of Regulation 8(1)(c), shall not dispose of the dog (whether by sale or otherwise) unless and until the dog is the subject of a Regulation 11 decision on review setting aside the relevant opinion.

(6) (a) The review officer shall, not later than 28 days after the expiration of the 21 days referred to in paragraph (3)(a), consider the grounds stated in the Regulation 11 notice to relevant owner as to why the relevant dog warden is of the relevant opinion and the grounds (if any) stated in the Regulation 11 review request as to why the relevant owner is of the opinion that the dog is not an XL Bully and, by notice in the form set out in Schedule 8 given to the relevant owner and the relevant dog warden –

(i) confirm the relevant opinion, or

(ii) set aside the relevant opinion.

(b) The review officer may, for the purposes of considering the grounds stated in the Regulation 11 notice to relevant owner as to why the relevant dog warden is of the relevant opinion and the grounds (if any) stated in the Regulation 11 review request as to why the relevant owner is of the opinion that the dog is not an XL Bully, with the consent of the relevant owner, examine the relevant dog.

(7) Where the relevant dog –

(a) was born before 10 December 2024, and

(b) is the subject of a Regulation 11 decision on review confirming the relevant opinion,

the relevant owner (for the avoidance of doubt, being such owner referred to in subparagraph (a), (b) or (c) of paragraph (2) of Regulation 5) may make an application for a certificate of exemption for the dog not later than 28 days after the Regulation 11 decision on review was issued to him or her, and the provisions of Regulation 7 shall, with all necessary modifications, be construed accordingly.

(8) Without prejudice to the operation of any provision of the Act or of any provision of another statutory instrument made under the Act, where the relevant dog is the subject of a Regulation 11 decision on review setting aside the relevant opinion, paragraph (5)(a) and (b) shall cease to apply to the relevant dog.

(9) The forms set out in Schedules 5 and 7 may be combined into one form.

(10) For the avoidance of doubt, it is hereby declared that this Regulation does not again apply where the relevant dog is the subject of a Regulation 11 decision on review confirming the relevant opinion.

Where relevant dog is seized and detained from person other than relevant owner

12. (1) Subject to paragraph (2), where the relevant dog has been seized and detained from a person other than the relevant owner, the 21 days referred to in Regulation 11(3)(a) shall not begin to efflux until 14 days has expired since the date on which the dog was seized and detained, and the provisions of Regulation 11 shall, with all necessary modifications, be construed accordingly.

(2) Paragraph (1) shall cease to apply where, before the expiration of the 14 days referred to in that paragraph, the relevant local authority receives a Regulation 11 notice of no objection, or Regulation 11 review request, from the relevant owner.”.

Amendment of Principal Regulations – insertion of Schedules 5 to 8

7. The Principal Regulations are amended by the insertion of the following Schedules after Schedule 4:

“SCHEDULE 5

Regulations 10 and 11

REGULATION 11 NOTICE TO RELEVANT OWNER

[Name of local authority]

[Address]

[Telephone Number]

[e-mail address]

Notice Number______________

To the dog owner listed below:

Name of Owner

Address

Eircode

On the_____day of the month of _____20____, at the location of ____________,

I, acting as a dog warden for the local authority of ______________formed the opinion that the dog listed below is an XL Bully type dog and seized and detained the dog under Regulation 9 (a) of the Control of Dogs (XL Bully) Regulations 2024.

Dog Licence Number

Microchip Number

Sex of Dog

Colour of Dog

Based on the characteristics listed in Schedule 1 of S.I. No. 491 of 2024 , I have formed the opinion that the dog substantially meets the physical conformation standard and in the case that the dog has not attained the age of 18 months, has the potential to do so on or after attaining that age. This forms the basis for my decision to seize the dog.

I have reasonable grounds to believe that no Certificate of Exemption has been granted for the dog listed above, as evidence that the dog listed above is the subject of a Certificate of Exemption has not been provided to me within the required timeframe. If the dog is less than 18 months of age, evidence of application for a Certificate of Exemption to the relevant local authority has not been provided to me within the required timeframe.

Characteristic	Description	Does Not Conform with Characteristic	Conforms with Characteristic to Some Extent	Substantially Conforms with Characteristic
General impression	Large dog with a muscular body and blocky head, suggesting great strength and power for its size. Powerfully built individual.
Height	• Adult male from 51 cm (20 inches) at the withers. • Adult female from 48 cm (19 inches) at the withers.
Head	Heavy, large and broad. The length from the tip of the nose to a well-defined stop (indentation between muzzle and the head) is equal to around one-third of the length from the tip of the nose to the back of the head. Muzzle blocky or slightly squared to fall away below the eyes. Topline of muzzle straight. Prominent cheek muscles with strong, well-defined jaws and lips semi-close. Often having prominent wrinkles on face. Nose is large with well opened nostrils.
Teeth	Level or scissor bite.
Neck	Heavy, muscular, slightly arched, tapering from the shoulders to the base of the skull. Medium in length.
Forequarters	Shoulder blades are long, well-muscled and well laid back. Upper arm length is about equal to the length of the shoulder blades and joined at a 35-45 degree angle to the ground. Front legs straight, strong and very muscular with dog standing high on the pasterns. (area between feet and ankles). Elbows set close to the body. Distance from the withers to elbows about the same as the distance from the elbow to the bottom of the feet.
Body	Heavily-muscled. Large, blocky body giving impression of great power for size. Broad, deep chest with well sprung ribs. Chest may be wider than deep. Topline level and straight. Loin short and firm. Generally appears square shaped from point of the shoulder to the point of the buttocks compared with the withers (tallest point on the dog’s body excluding head and shoulders) to the ground.
Hindquarters	Strong, muscular and broad. Thighs well developed with thick musculature. From behind, both pasterns are typically straight and parallel to each other. Muscular development, angulation and width in balance with forequarters.
Feet	Rounded, medium in size and in proportion to body. Compact and well arched.
Tail	Medium length and low set. Tapers to a point to end at about the level of the hocks. Generally assumes a straight or pump handle shape when dog relaxed.
Coat	Glossy, smooth, close, single.

Supplementary Evidence to Support Decision of Dog Warden

(attach any photos / description of markings on dog / evidence that no Certificate of Exemption has been obtained for dog, etc.)

Additional Comments of Dog Warden

(include any other relevant comments below)

Yours Sincerely,

Name of Dog Warden (Block Capitals)

Signature of Dog Warden

Date of Signature of Dog Warden

Use DD/MM/YYYY format

SCHEDULE 6

Regulations 10 and 11

REGULATION 11 NOTICE OF NO OBJECTION

[Name of local authority]

[Address]

[Telephone Number]

[e-mail address]

I ___________, owner of the dog listed in the Regulation 11 Notice to Relevant Owner, Notice Number ___________, confirm that I do not object to the dog warden exercising their power under Regulation 9 of the Control of Dogs (XL Bully) Regulations 2024.

I understand that the dog will be destroyed in a humane manner, and by signing this document I confirm that I understand I have no right to seek a further review of the opinion of the dog warden that the dog is an XL Bully type dog.

Regulation 9 of S.I. No. 491 of 2024 - Control of Dogs (XL Bully) Regulations 2024

Destruction in humane manner of XL Bully not subject of certificate of exemption

9. Subject to Regulation 5(4)(b)(iii), on and after 1 February 2025, a dog warden may –

(a) seize and detain an XL Bully which is not the subject of a certificate of exemption, and

(b) destroy, or cause to be destroyed, in a humane manner, such XL Bully.

Name of Dog Owner (Block Capitals)

Signature of Dog Owner

Date of Signature of Dog Owner

Use DD/MM/YYYY format

SCHEDULE 7

Regulations 10 and 11

REGULATION 11 REVIEW REQUEST

[Name of local authority]

[Address]

[Telephone Number]

[e-mail address]

Notice Number ___________

I _______________ , owner of the dog listed in the Regulation 11 Notice to Relevant Owner, Notice Number ____________, wish to seek a review of the dog warden’s decision that the dog is an XL Bully type dog.

Reason(s) Owner is seeking a Review of decision of the dog warden

Name of Dog Owner (Block Capitals)

Signature of Dog Owner

Date of Signature of Dog Owner

Use DD/MM/YYYY format

SCHEDULE 8

Regulations 10 and 11

REGULATION 11 DECISION ON REVIEW

[Name of local authority]

[Address]

[Telephone Number]

[e-mail address]

Notice Number ______________

Review Number ____________

Decision Number ____________

I, having considered the grounds stated in the Regulation 11 Notice To Relevant Owner, Notice Number __________ , as to why the dog warden is of the opinion the dog is an XL Bully type dog that is not the subject of a Certificate of Exemption, and, having considered the grounds stated in the Regulation 11 Review Request, Review Number ____________ , as to why the owner is of the opinion the dog is not an XL Bully type dog, make the following binding decision.

(Delete As Applicable)

I ( confirm / set aside ) the opinion of the dog warden that the dog is an XL Bully type dog.

The grounds to support the binding decision are as follows:

Yours Sincerely,

Name of Review Officer (Block Capitals)

Signature of Review Officer

Date of Signature of Review Officer

Use DD/MM/YYYY format

”

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GIVEN under my Official Seal,

28 May, 2025.

DARA CALLEARY,

Minister for Rural and Community Development.