OpenLegislation

Explanatory note

Original text. Later amendments are not shown.

(This note is not part of the Regulations)

These Regulations provide for the compulsory microchipping of dogs and the registration of each dog’s identity and its keeper’s contact details on a database.

Regulation 3 imposes a duty on every keeper of a dog to have their dog microchipped and to record information on a database. Regulation 4 sets out requirements for the microchips to be used and Regulation 5 sets out the information to be recorded on a database. Regulation 6 sets out the conditions to be met by database operators.

Regulation 7 gives the Secretary of State power to request information from databases. It also, in circumstances where database operators are failing to meet the requirements in regulation 6, gives the Secretary of State the power to serve a notice on database operators requiring them to cease holding themselves out as meeting the requirements of the Regulations and to require database operators to provide a copy of the data recorded in accordance with these Regulations.

Regulation 8 requires a new keeper to update the information on the database on the transfer of keepership. Regulation 9 sets training standards for people who will implant microchips. Regulation 10 provides for reporting of adverse reactions to, and migration of, microchips. Regulation 11 provides for the appointment of authorised persons to exercise powers under these Regulations.

Regulation 12 gives authorised person powers to serve a notice on a keeper to microchip their dog, to microchip a dog and recover the cost of doing so from the keeper and to take possession of a dog for the purpose of microchipping it.

Regulation 13 contains offences. Regulation 14 provides for appeals to the First-tier tribunal against various notices. Regulation 15 provides for offences committed by bodies corporate, partnerships and unincorporated associations.

Regulations 16 and 17 make provision for consequential amendments. Regulation 18 provides for a review of these Regulations within five years of their coming into force.

A draft of these Regulations was notified on 3 March 2014 to the European Commission in accordance with the Technical Standards Directive (Directive 98/34/EC as amended by Directive 98/48/EC).

A full impact assessment of the effect that this instrument will have on the costs of business, and the voluntary sector is available on the Defra website ( www.defra.gov.uk ) or from the Department for Food and Rural Affairs, Nobel House, 17 Smith Square, London SW1P 3JR and is published with the Explanatory Memorandum alongside the instrument on ( www.legislation.gov.uk ).