Microchipping of dogs: guidance for local authorities
This information is mainly aimed at local authorities and other delivery partners.
Transferring a dog to a new keeper
Under regulation 10(2) of the Microchipping of Dogs (Scotland) Regulations 2016, no keeper may transfer a dog to a new keeper until the dog has been microchipped and their own details have been updated on the database.
The new keeper must then ensure that the database is updated with their own details on receipt of the dog. If the previous keeper has done this already there may be no action to take, but the new keeper must ensure that the details recorded are accurate. If the previous keeper has not notified the database of the change, the new keeper must update the records. It is advisable that a keeper passing on a dog should give proof of microchipping and confirmation of details recorded in his/her name to the new keeper in order to assist the new keeper in updating the database with their own details.
Under the Microchipping of Dogs (Scotland) Regulations 2016, microchip database operators are required to have in place a system for ensuring that, as far as practicable, where a change is made to the keeper details on the database, the former keeper is aware or is made aware of the change. This will to help to verify any transfer of keepership and help to ensure that lost or stolen dogs are not simply registered with a new keeper.
Moving home
If a keeper moves home or otherwise changes contact details they must update the records with the database operator as soon as practicable. If database operators hold outdated information keepers may not be re-united with their dogs if the dogs are lost.
If a keeper becomes homeless, they should, if possible, give the name and address of someone they keep in contact with and where they can receive post, such as a relative, and/or a mobile telephone number if available.
Stray dogs
Under Section 149 of the Environmental Protection Act 1990, local authorities are required to seize and detain stray dogs, and where possible to inform the owner. They are required by law to hold the dog for a minimum of seven days to allow the owner to reclaim the dog, after which time they may sell or otherwise re-home the dog, or in very rare cases, humanely destroy it.
For the purposes of Microchipping of Dogs (Scotland) Regulations 2016, local authority or other kennels or charity re-homing centres holding dogs for the statutory seven days are not considered by the Scottish Government to be keepers as it is not considered that dogs 'normally reside' with them. Accordingly they have no obligation to microchip or record any dogs in their name.
Where an owner picks up an un-microchipped dog within 7 days, technically they should be served with a notice requiring them to get the dog microchipped within 21 days. However, the kennel or re-homing centre holding the dog may, in many cases, be able to microchip and register the dog before release, in which case there would be no requirement for a notice. There may be a charge for this service.
After the seven day period, where the keeper has not reclaimed the dog, the establishment or organisation responsible for its care is considered in the Scottish Government's view to become the keeper. They therefore take on the obligation to microchip and register the dog, or to update the details on the database where it is already microchipped.
When such a dog is eventually re-homed, the new keeper is required to update the database details accordingly.
Bringing pet dogs to Scotland on holiday
All dogs must be microchipped if travelling to the United Kingdom from abroad under the EU Pet Travel Scheme. See UK Government information on transporting your pet.
The microchips in most imports will already be of the type required by the Microchipping of Dogs (Scotland) Regulations 2016. If the microchip does not comply, another microchip that does comply must be implanted and details must be recorded with a compliant database operator within 30 days of arrival in Scotland. Most visitors bringing their dogs on holiday will generally have left before this time limit.
Commercial import of dogs to Scotland
Dogs brought into the UK for onward sale or re-homing must also be microchipped under the EU Pet Travel Scheme.
As noted above, the microchips in most imports will already be of the type required by the Microchipping of Dogs (Scotland) Regulations 2016. In such cases, the new keeper should ensure that the dog's details are held on a database compliant under the Microchipping of Dogs (Scotland) Regulations 2016 and should update those details. If the existing microchip does not comply, another microchip that does comply must be implanted and details recorded with a compliant database operator within 30 days of arrival in Scotland.
Where the person bringing the dogs into Scotland is acting as a commercial dealer or a re-homing agent (i.e. is responsible for finding the dogs new homes), they are considered to be the dog(s) first registered keeper in Scotland. They must have the dog(s) microchipped and register their own details before transfer to a new keeper. Where homes have been arranged within Scotland by an organisation based elsewhere and the person bringing the dogs in is acting as a transporter, the first registered keeper is considered to be the person with whom a dog is placed.
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