Microchipping of dogs: guidance for local authorities

The main risk of non-compliance is considered to rest with irresponsible keepers i.e. those most likely to let their dogs cause problems (straying, fouling, nuisance barking, attacks etc.). It is therefore likely that enforcement action will be targeted at irresponsible owners as part of other enforcement activity.

We expect that most enforcement action relating to the Microchipping of Dogs (Scotland) Regulations 2016 will be taken by local authorities, which are also responsible for dealing with stray dogs. Enforcement is likely to take place as part of other enforcement activity relating to dogs. 

However, police constables and anyone authorised in writing by Scottish Ministers or Local Authorities may also be considered to be authorised persons under this legislation. Where authorisation is given in writing, this will state whether it is for the purposes of enforcing the Regulations and/or re-uniting a dog with its keeper. This gives the flexibility for Scottish Ministers and Local Authorities to provide authorisation to, for example re-homing charities, to gain access to microchipping data to aid in the re-unification of dogs with their owners, while restricting the greater powers provided for the enforcement of the regulations to animal welfare officers.

One important aspect of the Microchipping of Dogs (Scotland) Regulations 2016 is the obligation placed on database operators to provide information to a person with enforcement functions relating to the welfare of dogs. This ensures that the data held in microchip databases under this legislation may be used in the prevention or detection of crime relating to the wider welfare of dog, for example in connection with illegal breeding or dealing of puppies, or welfare abuse cases.

Role of vets

The Regulations also place an obligation on database operators to provide veterinary surgeons with data required for the purpose of re-uniting a dog with its keeper; however, veterinarians do not have any role in the enforcement of the Microchipping of Dogs (Scotland) Regulations 2016. 

Veterinarians are not obliged to scan any dog coming into their possession (though it is recognised best practice to do so), and they are not obliged to report the keeper of an un-microchipped dog to the authorities. What we would ask is that veterinarians:

• advise their client of their legal responsibilities and recommend microchipping the dog accordingly
• where a client has been passed an unmicrochipped dog illegally, that they ask that their client considers reporting whoever supplied the dog to the authorities for further investigation