In England, Wales and Scotland, the offences and penalties are as follows.
Database operators
Failure to comply with a notice served on an operator under regulation 8 is punishable on conviction by a fine of up to level 4 on the standard scale (currently £2,500).
Keepers
- Failure to microchip and record relevant details with a database in relation to a dog before transferring to a new keeper is punishable on conviction by a fine of up to level 2 on the standard scale (currently £500);
- Failure to comply with a notice to properly microchip a dog (which includes updating database records) is punishable on conviction by a fine of up to level 2 on the standard scale (currently £500);
- Where a notice to microchip and record relevant details with a database in relation to a dog is not complied with, obstructing an authorised person arranging for the dog to be properly microchipped is punishable on conviction by a fine of up to level 2 on the standard scale (currently £500);
- Obstructing an authorised person taking possession of a dog to check if the dog is microchipped or to arrange for it to be microchipped is punishable on conviction by a fine of up to level 2 on the standard scale (currently £500).
These penalties also apply for cats in England from 10th June 2024.
In Scotland it is also an offence for a keeper of a dog to notify to a database operator any of the details knowing them to be false in ‘a material particular’.
Microchip implanters
- Implantation of a microchip by anyone who is not a veterinary surgeon, veterinary student, or veterinary nurse/student veterinary nurse acting under the direction of a veterinary surgeon or who has not completed approved or satisfactory training is punishable on conviction by a fine of up to level 2 on the standard scale (currently £500);
- Implanting microchips in contravention of a notice not to do so until further training is received or at all is punishable on conviction by a fine of up to level 2 on the standard scale (currently £500).
These penalties also apply for owned cats in England from 10th June 2024.
Adverse reaction reporting
Failure to report an adverse reaction or a microchip that has failed is punishable on conviction by a fine of up to level 2 on the standard scale (currently £500) in England, Wales and Scotland. This requirement applies to anyone who becomes aware of an adverse reaction relating to microchips, not just veterinary surgeons. However, in the case of adverse reactions relating to suffering or pathology, veterinary advice should be sought before reporting.
In Northern Ireland, the offences and penalties relate to keeping a dog without a valid licence, which can result in a fixed penalty or prosecution and a fine of up to £1,000. If a dog is not microchipped with accurate details recorded on an accessible database, the dog licence will not be valid. It is also an offence to take possession of a dog (whether you paid for it or not) before a licence has been obtained for it, with a maximum fine of £1,000. The person who transferred the dog is also guilty of an offence. The regulations also state that a dog is only considered to be microchipped if the microchip is implanted in the dog by a person of a prescribed class or description.