Transitional provision: section 67 of the 2015 Act5
1
Where a person who, on or after 1st September 2016, would not require a metal dealers licence but for the commencement of section 67 of the 2015 Act, does anything for which such a licence is required, that person is not guilty of an offence under section 7(1) of the 1982 Act for failure to have such a licence if—
a
that person has been issued with an exemption warrant or a temporary exemption warrant under section 29 of the 1982 Act that remains in force on 1st September 2016;
b
that person has, before 1st June 2016, applied to the licensing authority for the grant of a metal dealers licence; and
c
the application has, through no failure on the part of that person, not been finally determined.
2
For the purposes of paragraph (1)(c), an application is finally determined when—
a
it is granted;
b
it is withdrawn; or
c
it is refused by the licensing authority and either—
i
the period of 28 days specified in paragraph 18(4) of Schedule 1 to the 1982 Act expires without an appeal against the refusal being made to the sheriff; or
ii
an appeal against a refusal is withdrawn or dismissed and there is no further right of appeal.