Conduct of business

15Records: supplementary

1

The information mentioned in sections 13(2) and (5) and 14(3) and (4) must be recorded in a manner which allows the information and the scrap metal to which it relates to be readily identified by reference to each other.

2

The records mentioned in section 13(3) and (4) must be marked so as to identify the scrap metal to which they relate.

3

The dealer must keep the information and other records mentioned in sections 13(2) to (5) and 14(3) and (4) for a period of 3 years beginning with the day on which the metal is received or (as the case may be) disposed of.

4

If a scrap metal dealer fails to fulfil a requirement under section 13 or 14 or this section, each of the following is guilty of an offence—

a

the scrap metal dealer;

b

if the metal is received at or (as the case may be) despatched from a site, the site manager;

c

any person who, under arrangements made by a person within paragraph (a) or (b), has responsibility for fulfilling the requirement.

5

It is a defence for a person within subsection (4)(a) or (b) who is charged with an offence under this section to prove that the person—

a

made arrangements to ensure that the requirement was fulfilled, and

b

took all reasonable steps to ensure that those arrangements were complied with.

6

A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 5 on the standard scale.