10.Section 3 sets out potential content of the code in relation to the transfer of puppies – that is, a dog under the age of 12 months which has only had one owner (being the prospective supplier). This includes the requirement that only dogs aged over 8 weeks should be transferred and that, where practicable, prior to the transfer, the prospective acquirer should see the puppy with its mother unless the puppy needs to be separated from its mother for welfare reasons or the mother is deceased.
11.Under section 3(5), the prospective acquirer should familiarise themselves with the circumstances in which either a breeding licence or registration is required. A licence or registration could be required under regulations made under section 27(1) or (2) of the Animal Health and Welfare (Scotland) Act 2006 (“the 2006 Act”). The Animal Welfare (Licensing of Activities Involving Animals) (Scotland) Regulations 2021, which were made under the 2006 Act lowered the threshold of the number of litters that trigger the need for a breeder to attain a licence from five to three. Essentially an acquirer should check whether the person they are getting a dog from is either a licensed breeder or, at such a time as a register of unlicensed litters is in place, has registered the litter.
12.Under section 3(6), the prospective acquirer is to confirm with the prospective supplier that the dog has been microchipped. Regulation 6 of The Microchipping of Dogs (Scotland) Regulations 2016 (S.S.I. 2016/58) requires every keeper of a dog which is older than 8 weeks to ensure that it is microchipped. This requirement would therefore be consistent with section 3(2).
Commentary on Sections Part 1 – Promotion of good practice Section 3 - Content of code: in relation to sale or transfer of young dog by first owner