Civic Government (Scotland) Act 1982

31 Retention of metal

(1) Subject to subsection (2) below and section 35 of this Act, no metal dealer shall dispose of or process any metal acquired by him in the course of business until the expiry of a period of 48 hours (excluding any time on Saturdays or Sundays) after its acquisition.

(2) A licensing authority may, on granting a metal dealer's licence or at any time thereafter, on application by the dealer and after consultation with the chief constable, order that subsection (1) above shall not apply to such metal or classes of metal as may be specified in the order.

(3) An order under subsection (2) above may—

(a) be made subject to such conditions as the licensing authority think fit;

(b) relate to metal still to be acquired by the metal dealer to whom the order relates ;

(c) be varied or revoked by the licensing authority.

(4) The holder of a metal dealer's licence may appeal to the sheriff against a decision of the licensing authority under this section and paragraphs 18(3) to (9) and (11) and (12) of Schedule 1 to this Act shall, with any necessary modifications, apply to an appeal under this subsection.

(5) Any person who fails to comply with subsection (1) above shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding £200.