13.Section 4 requires the prospective acquirer to complete and sign a certificate before acquiring a dog of any age. The form of the certificate will be set out in the code, and its content is specified in subsection (4).
14.Filling out the certificate involves the acquirer confirming that they have considered the matters set out in the code of practice. If applicable, the prospective acquirer should also confirm that they have complied with the requirements in section 3(3) and 3(5). Where applicable, the acquirer must also seek to ensure the dog is at least 8 weeks old through discussion with the supplier; the prospective supplier is also required to confirm this. The prospective supplier should also sign the certificate and both supplier and acquirer must provide their full name and address. Once the transaction is complete the certificate should be kept throughout the period of the acquirer’s ownership of the dog.
15.Subsection (6) means that under the code of practice, the acquirer is to show the certificate to a person who is exercising a relevant power under schedule 1 of the 2006 Act, if the acquirer is a qualifying person and the person exercising the relevant power reasonably requires to see it.
16.Schedule 1 deals with the investigation of potential animal welfare offences, and grants various powers to inspectors and constables. Therefore, this section will provide a link between the code of practice and the 2006 Act by expressly requiring the certificate to be shown to an inspector or constable exercising those powers. A “qualifying person” is an occupier of premises in relation to which a power is being exercised, a person who is responsible for animals at the premises, or a person who is under their direction or control. For example, if a constable exercised a power to enter premises where there were reasonable grounds for believing that dogs were being caused unnecessary suffering, the constable could ask the person responsible for the dogs to produce the certificate.
17.This requirement in the code of practice does not in itself create a criminal offence. However, paragraph 14 of schedule 1 of the 2006 Act does create offences of obstruction which could be relevant to a contravention of this provision. See also section 6 of the Act which sets out the effect of a failure to comply with the code.
18.The Scottish Ministers may add additional content to the certificate.
Commentary on Sections Part 1 – Promotion of good practice Section 4 – Content of code: certificate