Duties of approved carriers
8.—(1) Before bringing an animal into Scotland a carrier approved under article 7 shall check, in respect of each animal that it carries under this Order, the two health certificates required under paragraph 4(1) of Schedule 1 and the declaration required under paragraph 4(5) of that Schedule and shall satisfy itself that–
(a)the animal has been implanted with a microchip;
(b)the number of the microchip corresponds with the number of the microchip recorded in the two certificates and the declaration;
(c)the certificates relating to rabies and to Echinococcus multilocularis and ticks show that–
(i)they are current;
(ii)they have been signed by an official veterinary surgeon in relation to rabies and by a veterinary surgeon entitled to practise veterinary medicine in the country in which the treatment was administered in relation to Echinococcus multilocularis and ticks; and
(iii)the animal has been vaccinated against rabies, has been blood tested and has been treated against Echinococcus multilocularis and ticks in accordance with this Order; and
(d)the declaration relating to the animal’s place of residence in the previous six months has been signed by the person accompanying the animal.
(2) The checks shall be carried out in the place and in the manner as may be specified in the approval.
(3) If the checks are carried out before the animal is taken on to the means of transport, the approved carrier shall not bring an animal into Scotland under this Order unless it has carried out the checks in paragraph (1) and is satisfied that the animal complies with the provisions of that paragraph.
(4) If the checks are carried out during transport or after an animal has landed in Scotland–
(a)the approved carrier shall keep possession of the animal at the place of arrival until it has carried out the checks required under this Order and it is satisfied that the animal has been identified, vaccinated and blood tested in accordance with this Order; and
(b)if the carrier is not satisfied that the animal has been identified, vaccinated and blood tested in accordance with this Order, it shall ensure that the animal is transferred immediately to quarantine facilities in accordance with the Rabies (Importation of Dogs, Cats and Other Mammals) Order 1974 or is otherwise dealt with under that Order.
(5) If, after carrying out the check under paragraph (1) (whether the check is carried out before the animal is taken on to the means of transport, during transport or after landing), the carrier is satisfied that an animal may be brought into Scotland in accordance with this Order, the carrier shall–
(a)in the case of an animal being brought in by a foot passenger or a passenger of an aircraft, issue a certificate to the person accompanying the animal, signed and dated by a representative of the carrier, certifying that the animal complies with this Order and attach a label to the collar of the animal or to its carrying container, if there is one, showing the date of importation and stating that the animal complies with the provisions of this Order; or
(b)in the case of an animal being brought in by car or other motor vehicle, give the person a sticker or hanger suitable for displaying on the windscreen and indicating that the vehicle is carrying an animal which has been checked and found to comply with the provisions of this Order.
(6) If the carrier does not have a reader capable of reading the microchip, no person shall bring an animal into Scotland unless that person provides a reader for the microchip at the time the carrier checks the identity of the animal.
(7) If the carrier does not have a reader capable of reading the microchip, that carrier shall take all reasonable steps to bring that fact to the notice of any person who is likely to be affected by it.
(8) It shall be a defence to a criminal prosecution for a contravention of paragraph (6) or paragraph 2(2) of Schedule 5 that the accused had reasonable grounds for believing that the carrier had available to it, a reader capable of reading the microchip.