About this case

Case name

Petition of Margaret Keely for the exercise of the nobile officium

Case reference number

P246/25

Date of hearing

Thursday 7 August 2025

Time of hearing

10:30 until conclusion

Division

Second Division

Judges

• Lord Justice Clerk
• Lord Malcolm
• Lord Matthews

Agents and Counsel

For the Petitioner (Ms Keely)

• Agents: Sharon Collins Solicitors Ltd, Paisley
• Counsel: Jonathan Deans

For the Respondents (The Ministers)

• Agents: The Scottish Government Legal Directorate
• Counsel: Alexander Sutherland

Case description

[1] The Dangerous Dogs (Designated Types) (Scotland) Order 2024 designated “XL Bully” dogs as “dangerous dogs” in terms of the Dangerous Dogs Act 1991. It thus became a criminal offence in Scotland to possess an XL Bully dog from 31 July 2024, unless the dog was exempted in terms of section 1(5) of the 1991 Act.

[2] To become exempted, owners of XL Bully dogs in Scotland required to apply for a certificate of exemption by no later than 31 July 2024.

[3] The Scottish Ministers have no power to consider a late application for a certificate of exemption.

[4] Since 31 July 2024, there are only two routes to secure a certificate of exemption for an XL Bully dog in Scotland: (1) where a contingent destruction order is made following prosecution in terms of section 4A of the 1991 Act, an owner may obtain a certificate of exemption within two months of the order; or (2) upon the death of an owner holding a certificate of exemption, the inheriting owner may obtain a certificate of exemption within three months of the death of the previous owner.

[5] The petitioner is the owner of an XL Bully dog named “Fudge”.

[6] The petitioner did not apply for a certificate of exemption relative to Fudge on or before 31 July 2024. She is therefore in unlawful possession of a dangerous dog within the meaning of the 1991 Act. In an attempt to obtain a certificate of exemption, the petitioner reported herself to Police Scotland. Police Scotland declined to charge the petitioner.

[7] The petitioner argues that she is in a “state of legal limbo” and that there is a gap in the law. She submits that without being prosecuted for an offence under the 1991 Act, she is unable to obtain a certificate of exemption under the provisions of section 4A.

[8] The petitioner seeks relief from the statutory time limit and invites the court to exercise its inherent equitable jurisdiction, the nobile officium, to do so.

[9] The Second Division of the Inner House will hear the Petition on 7 August 2025.