- Draft legislation
This is a draft item of legislation and has not yet been made as a Scottish Statutory Instrument. This draft has been replaced by a new draft, The Microchipping of Dogs (Scotland) Regulations 2016 ISBN 978-0-11-103012-7
2. In these Regulations—
“adverse reaction” means any unnecessary pain, suffering or pathology on the part of a dog which is caused, or appears to be caused, by a microchip implanted in the dog;
“authorised person” has the meaning given by regulation 11;
“breeder” means the keeper of a bitch which whelps, whether or not the keeper is carrying on business as a breeder of dogs;
“compliant microchip” means a microchip which meets the requirements set out in regulation 4;
“database operator” means a database operator—
which holds itself out as meeting the conditions in regulation 8; and
on which the Scottish Ministers have not served a notice under regulation 9(2)(a);
“failure of a microchip” means failure to transmit the number encoded in the microchip when scanned by an appropriate transceiver;
“implanter” means, subject to regulation 3(6), any of the individuals listed in regulation 3(5);
“keeper” means—
in relation to an assistance dog (within the meaning of section 173(1) of the Equality Act 2010(1))—
until the dog ceases working as an assistance dog, the body responsible for it; and
after the dog has ceased working as an assistance dog, the person with whom it normally resides;
in relation to a new born puppy, the keeper of the bitch that gave birth to it; and
in relation to any other dog, the person with whom it normally resides;
“microchip” means a read-only passive radio frequency identification device;
“microchipped” means microchipped in accordance with regulation 6;
“migration” means the movement of a microchip in a dog from its implantation site;
“retained data” means data which a database operator must record by virtue of regulation 8(1)(a);
“student of veterinary surgery” has the same meaning as given by paragraph 3 of the Schedule to the Veterinary Surgeons (Practice by Students) Regulations Order of Council 1981(2);
“unique number” means the unique number referred to in regulation 4(a); and
“veterinary nurse” and “student veterinary nurse” have the same meanings as given by paragraphs 6 and 7 of Part 1 of Schedule 3 to the Veterinary Surgeons Act 1966(3) respectively.
S.I. 1981/988, amended by S.I. 1995/2397.
1966 c.36; paragraph 6 was inserted by S.I. 1991/1412, substituted by S.I. 2002/1479 and amended by S.I. 2008/1824; paragraph 7 was inserted by S.I. 2002/1479.
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