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Scrap Metal Dealers Act 2013

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This is the original version (as it was originally enacted).

Closure notice

This section has no associated Explanatory Notes

2(1)This paragraph applies if a constable or the local authority is satisfied—

(a)that premises are being used by a scrap metal dealer in the course of business, and

(b)that the premises are not a licensed site.

(2)But this paragraph does not apply if the premises are residential premises.

(3)The constable or authority may issue a notice (a “closure notice”) which—

(a)states that the constable or authority is satisfied as mentioned in sub-paragraph (1),

(b)gives the reasons for that,

(c)states that the constable or authority may apply to the court for a closure order (see paragraphs 4 and 5), and

(d)specifies the steps which may be taken to ensure that the alleged use of the premises ceases.

(4)The constable or authority must give the closure notice to—

(a)the person who appears to the constable or authority to be the site manager of the premises, and

(b)any person (other than the person in paragraph (a)) who appears to the constable or authority to be a director, manager or other officer of the business in question.

(5)The constable or authority may also give the notice to any person who has an interest in the premises.

(6)Sub-paragraph (7) applies where—

(a)a person occupies another part of any building or structure of which the premises form part, and

(b)the constable or authority reasonably believes, at the time of giving the notice under sub-paragraph (4), that the person’s access to that other part would be impeded if a closure order were made in respect of the premises.

(7)The constable or authority must give the notice to that person.

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