b

a dog kept and used by a disabled person (within the meaning of the Disability Discrimination Act 1995 (c. 50)) wholly or mainly for the purpose of assisting that person to carry out normal day-to-day activities;

7

A district council shall not—

a

issue a dog licence in respect of a dog, or

b

issue a transfer certificate in respect of a new dog,

unless that dog has been microchipped; and any licence or transfer certificate purporting to be issued in respect of a dog which has not been microchipped is void.

8

For the purposes of paragraph (7) a dog is microchipped if (and only if)—

a

a microchip has been implanted in the dog before the coming into operation of section 2(1) of the Dogs (Amendment) Act (Northern Ireland) 2011; or

b

a microchip is implanted in the dog in accordance with regulations under Article 31(1)(f).

9

Paragraph (7) does not apply if the keeper of the dog produces to the council a certificate signed by a veterinary surgeon to the effect that implantation (or continued implantation) of a microchip in the dog would have an adverse effect on the health of the dog.

f

prescribe and regulate the microchipping of dogs and regulate the reading of any microchip implanted in a dog.

1A

Regulations under paragraph (1)(f) may in particular provide—

a

for the use of microchipping as a means of—

i

identification of a dog and its keeper;

ii

licence identification;

b

for conferring powers on officers in connection with such identification;

c

that a dog is microchipped for the purposes of Article 6(7) if (and only if)—

i

the microchip is of a prescribed class or description or of a class or description approved by a prescribed body or person;

ii

the microchip is implanted in the dog by a person of a prescribed class or description;

iii

any prescribed conditions in relation to the keeping and making available to councils of information in connection with the use of the microchip as mentioned in sub-paragraph (a) are satisfied; and

iv

any other prescribed conditions are satisfied.

10

A district council shall not—

a

issue a dog licence in respect of a dog to which Article 25A applies, or

b

issue a transfer certificate in respect of such a dog,

unless the dog is exempted from the prohibition in Article 25A(3).

Fees for dog licences7

1

On the issue of a dog licence, the person to whom the licence is issued must pay the appropriate fee.

2

Paragraph (1) does not apply to—

a

a licence issued to a person over the age of 65 in respect of the first or only dog kept by that person;

b

a licence issued to any prescribed person or in any prescribed circumstances.

3

The appropriate fee is £5 in the case of—

a

a licence issued to a person over the age of 65, other than a licence falling within paragraph (2)(a);

b

a licence issued to a person in receipt of an income-related benefit (within the meaning of the Social Security Administration (Northern Ireland) Act (Northern Ireland) 1992 (c. 8)) at the time of the application for the licence;

c

a licence issued in respect of a sterilised dog.

4

In any other case the appropriate fee is £12.50.

5

Paragraphs (2) and (3) do not apply in the case of a licence issued in respect of a dog to which Article 25A applies (and accordingly in the case of such a licence the appropriate fee is that mentioned in paragraph (4)).

6

The Department may by order made with the consent of the Department of Finance and Personnel amend a sum for the time being specified in paragraph (3) or (4).

7

An order under paragraph (6) shall not be made unless the Department has consulted such organisations as appear to the Department to be representative of interests substantially affected by the order.

8

Where within 30 days from the date of the issue of a dog licence—

a

the holder of the licence does not take possession of a dog, or

b

the holder takes possession of a dog but subsequently disposes of the dog, or

c

the dog dies,

the holder of the licence may apply to the district council by which the licence was issued for a refund of the sum paid on the issue of the licence.

9

An application for a refund under paragraph (8) shall be in the prescribed form.