DOGLAW: A GUIDE TO THE MICROCHIPPING REGULATIONS IN ENGLAND
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The Microchipping of Dogs (England) Regulations 2015
Currently, microchipping is only required for:
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proscribed types of dogs (ie. those to which Section 1 of the Dangerous Dogs Act
1991 applies) as part of the exemption process
lawfully docked dogs
racing greyhounds
the pet travel scheme
The Microchipping of Dogs (England) Regulations 2015 were laid before Parliament on
11th December 2014 and were made on 2nd February 2015.
The law on ownership
In law, a dog is regarded as a chattel and there’s no one single piece of evidence that
conclusively proves who owns it. In the event of a dispute on who owns a dog a civil court
can be asked to make a declaration, in which case they will sift through the available
evidence and attach such weight to each part as they deem fit.
Stray dogs
If a dog is away from its home without someone in charge of it, then it’s probably going to
be regarded as a stray dog.
Dogs Trust commissions a Stray Dog Survey every year to get an indication of trends in
the numbers of stray dogs. The most recent survey was published in September 2014 and
it sets out the figures for stray dogs collected by Councils across the UK. The numbers of
strays collected were estimated to be 110,675 (which represents one stray for every 571
people) - only around half of these stray dogs were reunited with their owners.
The law on stray dogs
This is mainly dealt with by Sections 149 and 150 of the Environmental Protection Act
1990. Under Section 149(1):“Every local authority shall appoint an officer...for dealing with stray dogs found in
the area...”
Under Section 149(3) requires that “Where the officer has reason to believe that any
dog...is a stray dog, he shall (if practicable) seize the dog and detain it”. However, there’s
no statutory obligation on a Council to have a 24/7 stray dog collection service and some
will only operate Monday to Friday 9am – 5pm (ie. during office hours). Outside of those
hours Councils should, where practicable, have an acceptance point where a finder can
take a stray dog.
Section 149(4) requires that “Where...the owner of the dog is known, the officer shall
serve...a notice in writing stating that the dog has been seized...and stating that the dog
will be liable to be disposed of if it is not claimed within seven clear days”. If the owner
hasn’t come forward within 7 clear days from the date of seizure or service of the notice
(whichever is the later) and the Council’s fees paid, then the dog can be put to sleep or
sold or given away to a member of the public or to a rehoming centre. If the dog is
rehomed, then by operation of Section 149(7):“Where a dog is disposed of...the ownership of the dog shall be vested in the
recipient”
This means that the original owner’s rights are extinguished, even if the dog has escaped
completely by accident or if the owner is away leaving someone else in charge of the dog.
‘Finders keepers’ doesn’t apply and so if a finder takes possession of a stray dog under
Section 150(1) they must “forthwith either (a) return the dog to its owner; or (b) take the
dog to the officer of the local authority for the area in which the dog was found”.
The law on collar & tag
The current law on identification is contained in the Control of Dogs Order 1992. This
applies to all dogs unless an exemption applies:
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any pack of hounds
any dog while being used for sporting purposes
any dog while being used for the capture or destruction of vermin
any dog while being used for the driving or tending of cattle or sheep
any dog while being used on official duties by a member of Her Majesty’s Armed
Forces or Her Majesty’s Customs and Excise or the police force for any area
any dog while being used in emergency rescue work, or
any dog registered with the Guide Dogs for the Blind Association
Apart from these exemptions, the requirement under Article 2(1) is that:“...every dog while in a highway or in a place of public resort shall wear a collar with
the name and address of the owner inscribed on the collar or on a plate or badge
attached to it”
Failure to comply without lawful authority or excuse is a criminal offence under the Animal
Health Act 1981 and an owner or the person in charge of the dog is liable to a fine
(currently up to £5,000).
A collar & tag that conforms to this law makes it easy for a dog warden or a finder to see
who the dog belongs to, and where the dog needs to be returned to, without having to rely
on any equipment such as a scanner, satnav or computer. For this reason, a tag should
be every dog owners first line of defence to get a lost dog back home.
The problems with the collar & tag law include:
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they can fall off
they can be removed
if a dog has escaped from inside the home then it may not have had the collar on
some people don’t like their details being displayed
many dog owners don’t know the law exists
it is rarely prosecuted
The law on microchipping
Microchipping is a permanent form of identification which is intended to increase the
likelihood of a lost dog getting home and to increase the speed at which this can be
achieved.
The position with the rest of the UK is:
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In Northern Ireland they have had compulsory microchipping for dogs since 9 th April
2012
In Wales, on 22nd September 2014 the Government said they are committed to
introducing compulsory microchipping for dogs ‘as swiftly as possible’ (it was to
have been required by 1st March 2015 but this date is most unlikely to be achieved
and no new date has been set)
In Scotland the response to a consultation was published by the Government on
31st October 2014 and their press release stated ‘the majority of respondents were
…in favour of a system of compulsory microchipping and the Scottish Government
is now considering the practicalities of introducing this across the country”.
England is pressing ahead with compulsory microchipping for dogs and this requirement is
being brought in under Section 12 of the Animal Welfare Act 2006:“The appropriate national authority may by regulations make such provision as the
authority thinks fit for the purpose of promoting the welfare of animals for which a
person is responsible”
The English Government passed the Microchipping of Dogs (England) Regulations 2015
SI No 108 of 2015 on 2nd February 2015, which means that it comes into force on 24 th
February 2015. However, not all of the provisions come into force immediately as the only
requirements that initially take effect are:
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Regulation 4 – Form of microchip
Regulation 9 – Implanting of microchips
Regulation 10 – Adverse reactions
It has a sunset clause in Regulation 1(c), which means the Regulations will automatically
lapse after 7 years unless they are renewed. In Regulation 18 there’s a requirement on
the Secretary of State to carry out a review of the Regulations and the first report must be
published within 5 years.
Microchipping will continue to provide evidence of ownership but it’s not conclusive proof
of ownership. The Regulations contain obligations on keepers, breeders, databases and
implanters which come into force on different dates.
In DEFRA’s Impact Assessment on the compulsory microchipping of dogs issued on 3rd
March 2014 they estimated there were 7,310,000 dogs in England in 2013 and that 66% of
them were already microchipped. Further progress has been made since this was
published.
The principle requirement is in Regulation 3(1):“...from 6th April 2016 every keeper of a dog which has not been implanted with a
microchip by that date...must ensure that it is microchipped”
What is a keeper of a dog?
The term ‘keeper’ is defined in Regulation 2:
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For a new born puppy, the keeper is the owner of the bitch which gave birth to it
For an assistance dog (as per s173 of the Equality Act 2010), it is the organisation
responsible for its training and allocation (until it has retired)
For any other dog the keeper is “the person with whom it normally resides” ie. it
looks at the person who has habitual possession of a dog rather than looking at
issues of ownership of the dog eg. if a rescue rehomes a dog (whether by way of
adoption or fostering) that new person will become the dog’s keeper even if the
rescue has retained ownership of the dog – so the details to be held on the
database as the dog’s keeper must be the new person and not the rescue
When is a dog regarded as microchipped?
Under Regulation 3(5) a dog is only regarded as microchipped where
(a) a microchip which complies with Regulation 4 has been implanted in the dog,
and
(b) The details set out in Regulation 5 are recorded on a database by a database
operator meeting the conditions set out in Regulation 6
What is the approved form of microchip?
Regulation 4 sets out that the microchip must:
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have a unique number which includes the manufacturer’s code,
it must be compliant with the specified ISO standards 11784 of 1996 and 11785 of
1996 (except Annex A)
it must be readable by transponders which operate at 134.2 kilohertz and conforms
with the FDXB protocol set out in these ISO standards.
If the microchip doesn’t conform with these requirements then a dog implanted with it won’t
be regarded as being microchipped.
These requirements for the form of microchip are also being put into the Welfare of Racing
Greyhounds Regulations 2010 and the Docking of Working Dogs’ Tails (England)
Regulations 2007.
What information must be held by the database?
Regulation 5 sets out the minimum required information that the database must hold from
6th April 2016.
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The full name and address of the keeper
(where applicable) the fact that the keeper is also the breeder. For this particular
part of the Regulations, breeder means any keeper of a bitch which whelps
(where applicable) the breeder’s licence number and Council – this relates to a
licensed breeder where they need to be licensed with the local authority if they’re
running a business of breeding dogs for sale or if they exceed the litter test of 5 or
more litters in the last year.
The original name (or ID number) given to the dog, and (if different) the name given
to the dog by the keeper
The contact telephone number (if any) for the keeper
The sex of the dog
The breed of the dog (or a description if it’s a cross breed)
The dog’s colour
The dog’s date of birth (or estimate)
The microchip number
If the database doesn’t hold this information (or if this information isn’t up to date), then
even though a dog has been implanted with a microchip it won’t be regarded as being
microchipped.
The law will therefore require keepers to notify the database if they move home or change
phone number.
Change of keeper
After 6th April 2016, there is an obligation on a new keeper to update the database with
their full name, address and contact telephone number (as well as any change in the dog’s
name) under Regulation 8(1). Failure to do so would mean that the dog won’t be regarded
as being microchipped.
To be allowed to operate as a database, what are the minimum requirements?
There are legal obligations on databases which are due to come into force from 6th April
2015 (ie. not 2016) and they are set out in Regulation 6. These include that they must:
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Have sufficient database capacity to electronically store and retrieve the data
Back up the data at a secure, off-site facility every day
Have a system for answering telephone and on-line requests ‘at all times’
If a database fails to comply then the Secretary of State may serve a Notice telling them to
stop holding themselves out as meeting these requirements, breach of which is a criminal
offence punishable by a Level 4 fine (currently up to £2,500).
When will a dog have to be microchipped
Under Regulation 3(1)(a) microchipping will be required by the time a dog is 8 weeks old.
However, there are some caveats to this:
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Under Regulation 3(2) a vet can certify that a dog should not be microchipped for
reasons of the animal’s health. This must be done on a form to be approved by
the Secretary of State and it must state how long the vet believes the dog will be
unfit
Under Regulation 8(2) a keeper can’t transfer a dog to a new keeper unless it has
been microchipped. A breeder will be considered the first keeper of a puppy and so
it will have to be microchipped prior to it going to a new home. This means that
even if the dog is under 8 weeks old, the breeder must ensure the dog is
microchipped and registered with the database (ie. the breeder’s name and
details go on the database) prior to it going to the new home.
Under Regulation 3(3) an importer of a dog has 30 days to get it microchipped
There’s also an exclusion in Regulation 3(1)(b) for a certified working dog.
However, this doesn’t mean there’s a general exemption for working dogs. For this
to apply, the dog has to have been certified for the purposes of Section 6(3) of the
Animal Welfare Act 2006. So, Regulation 3(1)(b) only means that if the dog is a
working dog and has been lawfully docked, then the keeper has to get it
microchipped by the time the dog is 3 months old.
Who can implant
Regulation 9 sets out who can implant a microchip in a dog. No person will be able to
implant a microchip unless:
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You’re a vet or a vet nurse acting under the direction of a vet, or
You’re a student vet or a student vet nurse acting under the direction of a vet,
or
You received implanting training before the Regulations came into force
which included “practical experience of implanting a microchip”, or
You’ve been “satisfactorily assessed on a training course approved by the
Secretary of State for that purpose”
It will be a criminal offence to implant a microchip in a dog unless you come within these
provisions, punishable by a Level 2 fine (currently up to £500). Even if you have
grandfather rights or you’ve attended the approved training course, if the Secretary of
State believes you’re not implanting to a satisfactory standard, you can be prevented from
continuing at all or until you receive additional training.
Adverse Reactions
If a microchip fails (so it can’t be read on a scanner), if it moves from where it was
implanted (it migrates) or if there is a condition which appears to have been caused by the
implanting of a microchip it must be reported to the Secretary of State. Failure to report an
adverse reaction that you’ve identified is a criminal offence punishable by a fine of up to
£500.
Enforcement
In DEFRA’s Impact Assessment on compulsory microchipping which was issued on 3rd
March 2014 they said:“Actions on just failing to microchip will be very few”
There’s no provision for any of the offences created by the Regulations to be enforced by
a Fixed Penalty Notice.
There’s a wide variety of enforcers who have the power to enforce the Regulations. Under
Regulation 11, they can be enforced by a local authority (borough or district level rather
than parish council) or someone authorised by them, a Police constable, a Police
Community Support Officer, or someone authorised by the Secretary of State. These are
all regarded as authorised persons for the purposes of the Regulations.
The primary breaches are likely to be because:
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a breeder has transferred a dog without it being microchipped – this will be a
criminal offence contrary to Regulation 8(2) and 13(2)(a) where it is a level 2 fine
(currently up to £500)
a keeper has possession of a dog which hasn’t been microchipped
the details aren’t up to date for the current keeper
There is provision in Regulation 12(c) for an authorised officer to take possession of a dog
without the consent of the keeper to check if a dog is microchipped.
For the keepers’ breaches (not having a dog microchipped or not having the details up to
date) then it isn’t an immediate criminal offence. In either situation, the dog won’t be
regarded as having been microchipped as it doesn’t comply with Regulation 3(5).
Under Regulation 12(a) an authorised person may serve on the keeper ... a notice
requiring the keeper to have the dog microchipped within 21 days and it only
becomes a criminal offence if there is failure to comply.
You can’t prosecute a keeper for these breaches unless that Notice has been served. If
the keeper complies with the Notice, then that will be the end of the enforcement. The
Government clearly expects compliance in most cases, as their Impact Assessment says:“Responsible owners who are likely to obey any notice upon them should not add
any significant caseloads to the CPS and Courts”
There is provision for a keeper to appeal against the Notice. On appeal, the First-tier
tribunal may cancel, confirm or vary the notice. If there’s non compliance with the Notice,
it then becomes a criminal offence contrary to Regulation 12(a) and 13(e) where it is a
level 2 fine (currently up to £500).
In addition to a prosecution, or perhaps instead of a prosecution, if there’s non compliance
with the Notice, an authorised person has the power to take possession of a dog and
arrange for it to be microchipped and they can claim the cost.
The Regulations make it an offence to obstruct an authorised officer.
Practise by Vets
Vets are in a particularly difficult position with issues of confidentiality if a client brings in a
dog which on being scanned is found to be registered in another person’s name. This is
discussed in Chapter 14 in the RCVS Code of Professional Conduct for Veterinary
Surgeons.
If the client refuses to consent to their details being released then the advice in Paragraph
14.25 is that the vet “should contact the registered keeper and/or database provider
and explain that the animal has been brought in by someone else. However, the
veterinary surgeon should not release the current keeper’s personal information to
the registered keeper (or any other third party including the database provider) at
this stage”.
The Code goes on to say in Paragraph 14.27 that what they choose to do will depend on
whether it is a criminal or a civil dispute:
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If the registered keeper / database says that the dog is stolen then (a) the details of
the client may be passed on to the Police, or (b) the vet may ask the registered
keeper / database to report the theft and then may either disclose to the Police or
ask for a ‘formal request for disclosure’ from the Police.
If it’s an ownership dispute (civil), perhaps between former partners, then the Code
says that the ‘safest course’ is that the client’s details should only be given to a
lawyer or legal advisor advising on the recovery of the dog and they should be
asked to confirm in writing the basis on which they are requesting disclosure and
why it is permissible under the Data Protection Act.
The Code also states in Paragraph 14.29 that a microchip can only be removed “where
this can be clinically justified”.
Chipmydog.org.uk
The website www.chipmydog.org.uk is a one stop shop provided by Dogs Trust for
microchipping. It has details on:
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Microchipping events that Dogs Trust are holding
Participating vets on the Dogs Trust ‘Microchipping Through Vets’ campaign (due to
run until the end of March 2015)
Advice on what to do if you’ve lost your dog
Advice on what to do if you’ve found a dog
How to check if your microchip details are up to date
These notes were prepared on 5th February 2015
(c) Doglaw Limited