Part 2

Registration of dealers in second-hand goods

Information to be kept by registered dealers in second-hand goods
5
1
Subject to subsections (2) and (8), every person registered under section 4 (Registration of dealers in second-hand goods and premises) of this Act shall, as respects every transaction under which he acquires an interest in, or takes charge of, any second-hand articles in the course of the business in respect of which he is registered, enter or cause to be entered forthwith, in a record kept by him—
a
the date of the transaction;
b
a description sufficient where reasonably possible to identify the articles and their quantity;
c
either—
i
the name and address of the person from whom the articles were acquired;
ii
the person’s registration number if he is registered under section 4; or
iii
some other entry, of a type approved by resolution of the council, by means of which that person may be identified;
d
in the case where the article concerned is a motor vehicle, the registered number (if any) of the vehicle and the reading on the odometer of the vehicle at the time of the transaction; and
e
in the case where the article concerned is—
i
plant; or
ii
a motor vehicle which does not have a registered number; or
iii
a vehicle other than a motor vehicle;
any serial number or vehicle identification number, as the case may be, marked on the plant or vehicle.
2
Subject to subsection (3), subsection (1) shall not apply in respect of any transaction in respect of which a person acquires an interest in, or takes charge of any second-hand article (or set of such articles) which will, in his reasonable opinion at the time of the transaction—
a
be disposed of by him for no value; or
b
be sold or offered for sale by him for a price (which in the case of a set of articles means the total price of the articles, whether sold individually or as a set) less than the relevant amount.
3
Subsection (2) shall not apply in relation to any electrically or battery powered goods or to any medium on or by which sound, images or other data are or may be stored or recorded.
4
For the purposes of subsection (2) “the relevant amount” is—
a
£10 in the case of vehicle parts, jewellery, watches, photographic equipment, sports equipment, equestrian equipment, boating equipment, musical instruments, tools, bicycles, optical equipment, firearms and gardening equipment; and
b
£50 in the case of all other articles to which that subsection applies;or in either case, such other amount (being no lower than the amount specified in the relevant paragraph) as the council may by resolution determine.
5
Subject to subsection (8), where a person registered under section 4 sells in the course of his business any second-hand article (or set of such articles) for a price exceeding the relevant amount he shall enter in the record referred to in subsection (1)—
a
the name and address of the person to whom the article (or set) was sold;
b
the person’s registration number if he is registered under section 4; or
c
some other entry, of a type approved by resolution of the council, by means of which that person may be identified.
6
For the purposes of subsection (5) “the relevant amount” is—
a
£100 in the case of electrically or battery powered goods, vehicles and vehicle parts, plant, jewellery, watches, photographic equipment, sports equipment, equestrian equipment, building materials, boats and boating equipment, musical instruments and gardening equipment; and
b
£500 in the case of all other articles;
or, in either case, such other amount (being no lower than the existing amount) as the council may by resolution determine.
7
In the case of transactions under which a dealer in second-hand goods acquires an interest in, or takes charge of or sells articles at an auction the entry of the name and address of the auctioneer in the record referred to in subsection (1) shall suffice for the purposes of subsection (1)(c)(i) or, as the case may be, subsection (5)(a).
8
Subsections (1) and (5) shall not apply to transactions involving goods that—
a
are acquired outside the city;
b
are neither sold nor offered for sale in the city; and
c
are not kept within the city.
9
Every entry made in every record kept by a person in pursuance of this section shall be retained by him until the end of the period of two years beginning with the day on which the entry was made in the record.
10
A person registered under section 4 shall, on demand, unless he has a reasonable excuse not to do so, produce to an authorised officer or to a constable any record kept by him in pursuance of this section.