6.Section 1 requires the Scottish Ministers to make and publish a code of practice setting out good practice that both a person considering acquiring a dog (“prospective acquirer”) and person who is transferring a dog (“prospective supplier”) should follow. In making the code of practice, the Scottish Ministers must have regard to the matters set out in sections 2 and 3. The code may give effect to those sections and any other matters that are considered appropriate by the Scottish Ministers, and must give effect to the material in section 4 of the Act. Ministers must consult representatives of suppliers and acquirers of dogs as well as other people they consider appropriate, and that consultation may take place before section 1 comes into force. The code must have taken effect within twelve months of the Bill receiving Royal Assent. The Scottish Ministers may by regulations modify that date and those regulations are subject to the negative procedure.
7.The definition of “transferring” a dog includes selling, giving away, exchanging, bartering or arranging for the long term loan or long term fostering of a dog. This is an inclusive definition so any other arrangements which amount to transferring a dog will be caught by the code of practice.
Commentary on Sections Part 1 – Promotion of good practice Section 1 - Ministers to make code of practice