The Microchipping of Dogs (Scotland) Regulations 2016

Interpretation

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—

(a)

which holds itself out as meeting the conditions in regulation 8; and

(b)

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—

(a)

in relation to an assistance dog (within the meaning of section 173(1) of the Equality Act 2010(1))—

(i)

until the dog ceases working as an assistance dog, the body responsible for it; and

(ii)

after the dog has ceased working as an assistance dog, the person with whom it normally resides;

(b)

in relation to a new born puppy, the keeper of the bitch that gave birth to it; and

(c)

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.

(1)

2010 c.15.

(2)

S.I. 1981/988, amended by S.I. 1995/2397.

(3)

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.