The Microchipping of Cats (England, Scotland & Wales) Regulations 2017

A BILL TO make the microchipping of cats compulsory and ensure that microchipping is carried out properly.

BE IT ENACTED by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Temporal, and the Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

Section 1: Definitions

(1) “Keeper” means -

(a) in relation to newborn kitten, the owner of the cat that gave birth to it; and

(b) in relation to any other cat, the person with whom it normally resides.

(2) “Microchipped” means microchipped in accordance with section 3.

(3) “Authorised person” has the meaning given by section 8.

Section 2: Obligation to Microchip Cats

(1) From 6th March 2017 every keeper of a cat which has not been implanted with a microchip, must ensure that it is microchipped.

(2) A is exempt from part (1) until it is aged at least 10 weeks.

(3) Part (1) does not apply for as long as a veterinary surgeon certifies, on a form approved by the Secretary of State, that a cat should not be microchipped for reasons of the animal’s health.

(4) Subject to part (5), from 6th March 2017 a keeper who imports a cat must ensure that the cat is microchipped in accordance with part (6) within 30 days of importing the cat unless a veterinary surgeon certifies, on a form approved by the Secretary of State, that the cat should not be microchipped for reasons of the animal’s health.

(5) A certificate issued under part (3) or (4) must state the period for which the cat will be unfit to be microchipped.

(6) A cat is microchipped where—

(a) a microchip which complies with section 3 has been implanted in the cat; and

(b) the details set out in section 5 are recorded on a database by a database operator meeting the conditions set out in section 6.

Section 3: Form of Microchip

(1) From the date these regulations come into force any microchip implanted in a cat must meet the following requirements—

(a) it must have a unique number which includes the manufacturer’s code;

(b) it must be compliant with ISO standard 11784:1996 of the International Standards Organisation’s standards for microchips;

(c) it must be compliant with ISO standard 11785:1996 of the International Standards Organisation’s standards for microchips apart from Annex A; and

(d) it must respond to a transponder which operates at 134.2 kilohertz and conforms with the FDXB protocol set out in ISO standards 11784:1996 and 11785:1996.

Section 4: Implanting of Microchips:

(1) No person may implant a microchip in a cat unless—

(a) they are a veterinary surgeon or a veterinary nurse acting under the direction of a veterinary surgeon;

(b) they are a student of veterinary surgery or a student veterinary nurse and in either case acting under the direction of a veterinary surgeon;

(c) they have been satisfactorily assessed on a training course approved by the Secretary of State for that purpose; or

(d) before the day on which these Regulations come into force, they received training on implantation which included practical experience of implanting a microchip.

(2) Where it appears to the Secretary of State, on the basis of information provided pursuant to section 12 and any other information, that a person who may implant microchips pursuant to part (1)(c) or (1)(d) is unable to do so to a satisfactory standard, the Secretary of State may serve a notice on that person prohibiting them from implanting microchips in cats—

(a) until they have received further training on a course approved by the Secretary of State; or

(b) ever.

(3) In this section—

“student veterinary nurse” and “veterinary nurse” have the same meanings as given by Schedule 3 to the Veterinary Surgeons Act 1966;

“student of veterinary surgery” has the same meaning as in regulation 3 of the Schedule to the Veterinary Surgeons (Practice by Students) Regulations Order of Council 1981;

“veterinary surgeon” means a person registered in the register of veterinary surgeons, or the supplementary veterinary register, kept under the Veterinary Surgeons Act 1966.

Section 5: Details to be recorded on databases

(1) The details to be recorded on a database are—

(a) the full name and address of the keeper;

(b) where applicable, the fact that the keeper is also the breeder;

(d) the original name or identification number given to the cat;

(e) the contact telephone number (if any) for the keeper;

(f) the name given to the cat by the keeper, if that is different to the details recorded pursuant to subpart (d);

(g) the sex of the cat;

(h) the colour of the cat;

(j) the most accurate estimate of the cat’s date of birth which the keeper is capable of giving; and

(k) the unique number of the microchip implanted in the cat.

(2) In this section “breeder” means any keeper of a female cat that regularly produces offspring, whether or not they carry on a business as a breeder of cats.

Section 6: Conditions to be met by a database operator

(1) From 6th March 2017 a database operator must—

(a) have sufficient database capacity to store electronically, and retrieve, all the details provided to it by keepers in accordance with section 3;

(b) back up all this data at a secure, off-site facility every day;

(c) provide any information in section 5 requested by an authorised person;

(d) provide any information in section 5 requested by a keeper of a cat in relation to that cat;

(e) have a system for identifying people authorised for the purposes of these Regulations when they make inquiries about cats whose details are recorded on their database;

(f) have a system for identifying keepers of cats when they make inquiries about cats whose details are recorded on their database;

(g) maintain records to demonstrate that the database operator is complying with the requirements of this section;

(h) have a system for answering telephone and online requests for details stored on their database at all times;

(i) have a system for redirecting telephone queries relating to cats whose details are recorded on other databases which comply with part (2)(a) to the operators of those databases; and

(j) be able to automatically redirect online requests relating to cats whose details are recorded on other databases which comply with part (2)(a) to those databases.

(2) A database operator must—

(a) make available to other relevant database operators operating in accordance with this section the information necessary to allow those other database operators to determine which microchip numbers relate to cats whose details are recorded on that database; and

(b) have a system for responding directly to the inquirer to any query received in accordance with part (1)(i) or (1)(j).

(3) In this section “relevant database operator” means a database operator—

(a) which holds itself out as complying with this section; and

(b) on which the Secretary of State has not served a notice under section 7(2)(a).

(4) In this section “online request” means a request submitted to a database operator in the manner provided for by the database operator’s website.

Section 7: Powers of the Secretary of State

(1) From 6th March 2017 the Secretary of State may serve a notice on a database operator requiring it to provide—

(a) any information recorded on the database;

(b) any information relating to the functioning of the regulatory regime established by these regulations;

(c) any information necessary to demonstrate that it is meeting the conditions in section 5.

(2) Where the Secretary of State is satisfied that a database operator does not meet the conditions in section 6, the Secretary of State may serve a notice requiring the operator—

(a) to cease holding itself out as meeting the conditions in section 6;

(b) to provide the Secretary of State or another database operator with an electronic copy of all the data recorded on its database pursuant to section 2(5)(b).

Section 8: Authorised Person

(1) The Secretary of State may authorise in writing any person (“an authorised person”) to act for the purpose of enforcing these Regulations.

(2) A local authority in whose area a cat is kept may authorise in writing any person (“an authorised person”) to act for the purpose of enforcing these Regulations in its area.

(3) Any police constable or community support officer is also an authorised person for the purposes of these Regulations.

(4) In this section “community support officer” means anyone so designated under section 38(1) of the Police Reform Act 2002.

Section 9: Powers of an Authorised Person

(1) An authorised person may, on producing the written authorisation mentioned in section 8(1) or 8(2) or other official identity document in the case of a police constable or a community support officer (as defined in section 8(4)), if required—

(a) serve on the keeper of a cat which is not microchipped a notice requiring the keeper to have the cat microchipped within 21 days;

(b) where the keeper of a cat has failed to comply with a notice under part (a), without the consent of the keeper—

(i) arrange for the cat to be microchipped; and

(ii) recover from the keeper the cost of doing so;

(c) take possession of a cat without the consent of the keeper for the purpose of checking whether it is microchipped or for the purpose of microchipping it in accordance with subpart (b)(i).

Section 10: Offences

(1) It is an offence, punishable on summary conviction by a fine not exceeding level 4 on the standard scale, to fail to comply with a notice served under section 7.

(2) It is an offence, punishable on summary conviction by a fine not exceeding level 2 on the standard scale, to—

(a) fail to comply with section 11(2);

(b) fail to comply with section 4(1);

(c) fail to comply with a notice served under section 4(2);

(d) fail to report an adverse reaction or the failure of a microchip in accordance with section 12(1);

(e) fail to comply with a notice served under section 9(a);

(f) obstruct an authorised person exercising a power under section 9(b) or 9(c).

Section 11: Change of Keeper

(1) From 6th March 2017, where a cat is transferred to a new keeper, the new keeper must, unless the previous keeper has already done so, record their full name, address and contact telephone number (if any) and any change in the cat’s name with the database on which the cat’s details are recorded pursuant to section 2(5)(b).

(2) From 6th March 2017 no keeper may transfer a cat to a new keeper until it has been microchipped unless a certificate issued under section 2(3) or 2(4) states that the cat should not be microchipped for reasons of the animal’s health.

Section 12: Adverse Reactions

(1) Anyone who identifies an adverse reaction to a microchip or the failure of a microchip must report that reaction or failure to the Secretary of State.

(2) In this section “adverse reaction” means—

(a) any unnecessary pain or suffering, or any pathology on the part of a cat which is caused, or appears to be caused, by the implanting of a microchip; or

(b) the migration of a microchip from the site of implantation.

(3) In this section “failure of a microchip” means failure to transmit the number encoded in the microchip when scanned by an appropriate transceiver.

Section 13: Extent, Commencement and Short Title

(1) This Act shall extend across England, Wales and Scotland.

(2) This Act shall come into force immediately on its passage.

(3) This Act may be cited as The Microchipping of Cats (England, Scotland & Wales) Regulations 2017.

This bill was written and submitted by The Hon MP for West Midlands and Minister of State for Animals, /u/real-friends.

Amendments should be sent to /u/thatthinginthecorner by 13:45 GMT on 7 February 2017.

Amendments should clearly indicate what is being amended (add, change or remove) and in Reddit format. Amendments not in this form will not be accepted.