- Latest available (Revised)
- Original (As enacted)
There are outstanding changes not yet made by the legislation.gov.uk editorial team to Scrap Metal Dealers Act 1964. Any changes that have already been made by the team appear in the content and are referenced with annotations.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
This section lists the changes and effects yet to be applied to the whole Act, associated Parts and Chapters where applicable. This includes any insertions of whole new Parts, Chapters or provisions yet to be inserted into this Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing.
(1)Where a person, who is registered by a local authority under this Act as a scrap metal dealer, satisfies the authority that he carries on, or proposes to carry on, the business of a scrap metal dealer as part of the business of an itinerant collector, and not otherwise, the authority may make an order directing that, while the order remains in force, he shall be exempt from the requirements of the last preceding section, but instead shall be subject to the following requirements, that is to say,—
(a)that, on the sale by him of any scrap metal, he shall obtain from the purchaser a receipt showing the weight of the scrap metal comprised in the sale and the aggregate price at which it is sold; and
(b)that he shall keep every such receipt as he is required to obtain under the preceding paragraph, until the end of the period of two years beginning with the day on which the receipt is obtained, in such a way as to be able to produce it on demand to any person authorised, in accordance with the following provisions of this Act, to require its production.
(2)A local authority shall not make an order under the preceding subsection except after consultation with the chief officer of police for the police area (or, if more than one, for every police area) in which the area of the local authority, or any part of their area, is comprised.
(3)An order under subsection (1) of this section may be revoked at any time by the local authority by whom it was made.
(4)Any person who fails to comply with any of the requirements imposed on him by virtue of the foregoing provisions of this section shall be guilty of an offence and liable on summary conviction to a fine not exceeding [F1level 3 on the standard scale].
(5)Where a scrap metal dealer does not occupy any place as a scrap metal store, but for the time being no order under subsection (1) of this section is in force exempting him from the requirements of the last preceding section, the provisions of that section shall apply to him subject to the following modifications, that is to say,—
(a)any reference to keeping a book at each place occupied by the dealer as a scrap metal store shall be construed as a reference to keeping a book either at his usual place of residence or at any other place occupied by him wholly or partly for the purposes of his business as a scrap metal dealer;
(b)any reference to the receipt of scrap metal at a place shall be construed as a reference to the receipt of scrap metal for the purposes of that business;
(c)any reference to the processing of scrap metal at a place, or to the despatch of scrap metal from a place, shall be construed as a reference to the disposal of scrap metal in the course of that business;
(d)subsection (4) of that section shall be omitted, and any particulars required to be entered in a book by virtue of this subsection shall be so entered as soon as is practicable.
(6)Where a scrap metal dealer occupies a place as a scrap metal store, but for the time being no order under subsection (1) of this section is in force exempting him from the requirements of the last preceding section, and any scrap metal is, for the purposes of his business as a scrap metal dealer, received otherwise than at a place so occupied by him and is disposed of in the course of that business without its being received at such a place, then—
(a)the obligation imposed by subsection (1) of the last preceding section to enter particulars in a book or books shall extend to the entry, as soon as is practicable, of the like particulars with respect to that scrap metal as would be required by subsections (2) and (3) of the last preceding section if they were modified so that—
(i)any reference therein to the receipt of scrap metal at a place were construed as a reference to the receipt of scrap metal for the purposes of that business; and
(ii)any reference therein to the processing of scrap metal at a place or to the despatch of scrap metal from a place, were construed as a reference to the disposal of scrap metal in the course of that business;
(b)if the dealer occupies more than one place as a scrap metal store, the particulars required by virtue of the preceding paragraph shall be entered in the book or books kept by him under the last preceding section at such of the places so occupied by him as is the nearer, or, as the case may be, the nearest, to the place at which the scrap metal is received for the purposes aforesaid; and
(c)subsection (4) of the last preceding section shall not have effect in relation to the particulars so required.
Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: