Microchipping of dogs: guidance for local authorities

Requirements for dog keepers

A keeper is generally defined as the person with whom the dog normally resides; this may not always be the legal owner of the dog. The keeper of a new born puppy is considered to be the keeper of the bitch that gave birth to it. For an assistance dog, the body responsible for its training and allocation is considered to be the keeper until the dog stops working as an assistance dog; once it stops working the keeper is the person it normally lives with.

The regulations place a number of obligations on dog keepers:

• obligation to microchip - from 6 April 2016 every keeper of a dog older than 8 weeks of age must have it microchipped. Microchipped means having the dog both implanted with a compliant microchip and the details set out being recorded by a database operator compliant with the rules set out in the Microchipping of Dogs (Scotland) Regulations 2016

• details to be notified - the regulations set out the information to be notified to a database operator by the keeper of a dog who has had the dog implanted with a compliant microchip

• notify changed details - the keeper of a dog must notify any change to the details recorded on the database to the database operator 

• transfer to new keeper - before a dog may be transferred it must have been microchipped and the current keeper’s details be correct. When a dog is transferred to a new keeper the new keeper must notify their details to the database

The regulations also put in place a number of offences directed at dog keepers:

• notify information to a database operator knowing it to be false

• recklessly notify false information to a database operator

• intentionally obstruct an authorised person in the exercise of their enforcement powers

• transfer a dog to a new keeper without first ensuring that it is microchipped and that details relating to it on the database are correct

• fail to comply with a notice requiring them to get their dog microchipped, notify the required details to a database operator and/or ensure that those details are up to date

These are punishable on summary conviction by a fine not exceeding level 2 on the standard scale, currently £500.

There is no minimum age specified in the microchipping regulations for being held responsible for ensuring that a dog is microchipped. However, the Animal Health and Welfare (Scotland) Act 2006, under which the Regulations are made, provides that where the keeper of an animal is less than 16 years old, the person with care and control for the keeper is also considered responsible for the animal in the child’s care.

Requirements for those implanting microchips in dogs

The regulations state that only an implanter may implant a microchip of any kind in a dog and sets out who may be considered to be an implanter for the purposes of these regulations:

• a vet
• a vet nurse acting under the direction of a vet
• a vet student or vet nurse student acting under the direction of a vet
• an individual who has passed a training course on microchip implantation approved by the Scottish Ministers
• an individual who received training on implantation before the regulations came into force on 29 January 2016 that included practical experience of implanting a microchip

It is an offence for anyone not fulfilling these criteria to implant a microchip in a dog from 29 January 2016.

Those that had training before the 29 January 2016 that included practical experience of implanting a microchip are permitted to continue implanting. It would be useful to have some documentary evidence of such training in case there is ever a need for proof, for example due to investigations of customer complaints; however there are no other stipulations. 

A list of approved courses is available. For information on the requirements for the approval of microchip implanter training by Scottish Ministers and how to apply please contact the Animal Welfare team by email.

The regulations place a number of obligations on those implanting any microchips in dogs:

• training - the regulations set out who may implant microchips of any kind and restricts implantation to those that have been properly trained to undertake the procedure. Any other person who implants a dog with a microchip commits an offence

• microchip type - the regulations set out the technical standard that microchips must meet if used for the purposes of the Regulations

They also put in place a number of offences directed at those implanting microchips:

• for an individual who is not an implanter as defined in the regulations to implant a microchip of any kind in a dog

• for an implanter to hold out to the keeper of a dog that a microchip is compliant where the implanter knows, or could reasonably be expected to know, that the microchip is not compliant

These are punishable on summary conviction by a fine not exceeding level 4 on the standard scale, currently £2,500.

If an implanter has fullfilled the training requirements and has used the correct microchip but the Local Authority has concerns about their competence, the matter should be referred to the Scottish Government Animal Welfare Team and the Scottish Ministers may issue a notice preventing them from further implanting, either until they have recieved further training, or, in extreme cases, permanently.

Impact on microchip database operators

The regulations place a number of obligations on database operators:

• conditions to be met - lists the conditions a database operator must comply with, including regarding: data retention, access and security; microchip database checking facilities

• Scottish Ministers’ powers - gives Scottish Ministers powers to require database operators to provide information to show they are complying with obligations and to take action if they are not

They also put in place a number of offences directed at database operators:

• to fail to comply with conditions to be met by a database operator

• to fail to comply with a notice served on it by Scottish Ministers relating to the provision of data

• where they have been found non-compliant, to fail to comply with a notice served instructing them to cease holding themselves out as compliant and to hand over a copy of all the data

These offences are punishable on summary conviction by a fine not exceeding level 4 on the standard scale, currently £2,500. These are strict liability offences, which means that it only requires the fact of a breach to be proven - proof of intent is not requred.

A list of database operators understood to be compliant with the requirements for database operators laid out in the Microchipping of Dogs (Scotland) Regulations 2016 is available.

If you are a database operator complying with the rules laid out in the Microchipping of Dogs (Scotland) Regulations 2016 and you would like to be listed here, please contact the Animal Welfare team.

Adverse reaction, migration or failure of a microchip

Adverse reactions to microchips are very rare; however, the regulations place a general obligation on anyone who identifies an adverse reaction, migration or failure in a microchip to notify the Scottish Ministers within 21 days. This is to allow emerging issues to be identified and fed back to the microchip manufacturer and Microchip Trade Association (MTA). 

Reports should be made via the Veterinary Medicines Directorate. Further information about the Microchip Adverse Event Reporting Scheme is available from the VMD’s Pharmacovigilance Unit on 01932 338427.

The VMD closely monitors all reports to identify emerging issues and will feed back any concerns to the chip manufacturer and MTA. Reports must be made within 21 days of the identification of an adverse reaction, migration or microchip failure; failure to report without reasonable excuse is an offence under the regulations.

An email confirming that a report has been made and by who should be sent to the Animal Health team. 

It is an offence for an individual to fail to report a failed or migrated chip or an adverse reaction without reasonable excuse. This is punishable on summary conviction by a fine not exceeding level 2 on the standard scale, currently £500. 

An adverse reaction is defined in the Microchipping of Dogs (Scotland) Regulations 2016 as a microchip that causes any unnecessary pain or suffering or any pathology that is or seems to be caused by a microchip implanted in a dog. Any non-veterinarian believing that the implantation of a microchip has caused any unnecessary pain or suffering, or has given rise to a pathology, is advised to consult a veterinarian for confirmation before a report is sent to the VMD. This is to avoid a false report that could affect the implanter. Where there has been an adverse reaction, the veterinarian may recommend removal. In such a case, the keeper would be obliged to get the dog re-microchipped and update the database details with the new microchip number, unless the veterinarian certifies that the dog should not be re-microchipped for reasons of its health.

A failed microchip is one that fails to transmit the number encoded in the microchip when scanned by an appropriate transceiver (scanner). Anyone believing that a microchip has failed should first ensure that the scanner is working properly, then re-scan and scan the whole dog in case the microchip has moved from the implantation site or has been implanted in a different part of the dog. Where a microchip has failed, the keeper is obliged to get the dog re-microchipped and update the details with the new microchip number.

Migration means the movement of a microchip in a dog from its implantation site. This should be reported to the VMD, and it would be helpful if the new position was noted on the microchip database; however, there may be no further action to take provided that the microchip is still functioning and is not causing any health problems.

Scanning

There is no legal requirement to scan dogs for microchips under the Microchipping of Dogs (Scotland) Regulations 2016. The Scottish Government consider that making scanning of stray dogs a legal requirement risks potentially criminalising those already working hard to re-unite dogs with keepers.

The scanning of dead dogs could not be required under these regulations as such action would not help secure the welfare of the dog, which is a requirement for any regulations made under the Animal Health and Welfare (Scotland) Act 2006.

It is already best practice to scan any pet found alive or deceased in Scotland and to contact the owners by whatever means are practical.