The Scrap Metal Dealers Act 2013 (Prescribed Documents and Information for Verification of Name and Address) Regulations 2013

Statutory Instruments

2013 No. 2276

Criminal Law

Scrap Metal Dealers

The Scrap Metal Dealers Act 2013 (Prescribed Documents and Information for Verification of Name and Address) Regulations 2013

Made

9th September 2013

Laid before Parliament

11th September 2013

Coming into force

2nd October 2013

The Secretary of State, in exercise of the powers conferred by sections 11(3) and 20(4) of the Scrap Metal Dealers Act 2013(1), makes the following Regulations:

Citation and commencement

1.  These Regulations may be cited as the Scrap Metal Dealers Act 2013 (Prescribed Documents and Information for Verification of Name and Address) Regulations 2013 and shall come into force on 2nd October 2013.

Prescribed documents and information

2.—(1) For the purposes of section 11(3) of the Scrap Metal Dealers Act 2013, in order to verify a person’s name and address, it will be sufficient for the scrap metal dealer to refer to either–

(a) a document listed in paragraph (2) which bears the person’s full name, photograph and residential address; or

(b) both of–

(i) a document listed in paragraph (2) which bears the person’s full name, photograph and date of birth, and

(ii) a supporting document listed in paragraph (3) which bears the person’s full name and residential address.

(2) The documents which apply for the purposes of regulation 2(1)(a) or (b)(i) are as follows:

(a) a valid United Kingdom passport, within the meaning of section 33(1) of the Immigration Act 1971(2); or

(b) a valid passport issued by an EEA state; or

(c) a valid Great Britain or Northern Ireland photo-card driving licence; or

(d) a valid UK biometric immigration document, issued in accordance with regulations made under section 5 of the UK Borders Act 2007(3).

(3) The documents which apply for the purposes of regulation 2(1)(b)(ii) are–

(a) a bank or building society statement;

(b) a credit or debit card statement;

(c) a council tax demand letter or statement; or

(d) a utility bill, but not a mobile telephone bill

provided that the date on which the document in question was issued is not more than three months before the date when the scrap metal is received by the scrap metal dealer.

Jeremy Browne

Minister of State

Home Office

9th September 2013

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations prescribe the documents and information which are sufficient to verify the name and address of the person supplying scrap metal, for the purposes of section 11(3)(a) of the Scrap Metal Dealers Act 2013. Section 11 of the Act places an obligation on a scrap metal dealer to verify the full name and address of the person who supplies the scrap metal before receiving it. Failure to fulfil this obligation will constitute a criminal offence. This offence can be committed by the scrap metal dealer, the site manager, and any person who has responsibility for verifying the name and address of the supplier under arrangements that have been made by the dealer or the site manager.

(1)

2013 c.10.

(2)

1971 c.77. This definition was amended by section 1(2) of the British Overseas Territories Act 2002.

(3)

2007 c.30. Section 5 of the UK Borders Act 2007 gives the Secretary of State power to make regulations concerning biometric immigration documents. The Secretary of State has the power to issue a biometric immigration document under regulation 13 of the Immigration (Biometric Registration) Regulations 2008 (S.I. 2008/3048). Regulation 13 has been amended by S.I. 2009/819 and S.I. 2012/594.