Extent Information
E1Act (except s. 16 which applies to England and Wales) applies to Scotland only see s. 137(9).
Modifications etc. (not altering text)
C1Act excluded (19. 12. 1991) by City of Edinburgh District Council Order Confirmation Act (c. xix), ss. 1, 12(2), Sch. Pt. V
Commencement Information
I1Act partly in force at Royal Assent see s. 137(2); Act wholly in force at 1. 1. 1985 see S.I. 1983/201 as amended by S.I. 1984/573 and 744.
(1)In sections 28 to 36 of this Act—
[F1“itinerant metal dealer” means a person who carries on a business which consists wholly or partly of buying and selling for scrap waste materials and old, broken, worn out, defaced or partly manufactured articles made wholly or partly of metal which he collects by means of visits from place to place and which he disposes of without causing them to be kept in a metal store or other premises (either by so keeping them himself, or by disposing of them or giving custody of them to a person who keeps a metal store);]
[F1“itinerant metal dealer” means a person who—
carries on a business which consists wholly or substantially of buying or selling for scrap—
metal articles that are old, broken, worn out or defaced, or
partly manufactured articles that are made wholly or partly from metal,
collects articles of the kind described in paragraph (a)(i) and (ii) by means of visits from place to place, and
disposes of such articles without causing them to be kept in a metal store or other premises (including by disposing or giving custody of the articles to a person who keeps a metal store),]
“metal” means any metal (including any precious metal) and any alloy of any metals, whether old or new and includes manufactured articles, whether old or new, made wholly or partly of metal, of any of the materials commonly known as hard metal or of cemented or sintered metallic carbides;
“metal dealer” means a person carrying on business in terms of subsection (2) below but does not include an itinerant metal dealer within the meaning of this subsection;
“metal store” means a place where metal is received or kept in the course of a metal dealer’s business;
“processing”, in relation to metal, includes melting down and any process whereby the composition or form of the metal or of any article which is made of the metal is altered so as to make it substantially less identifiable than before the process, and “process” and “processed” shall be construed accordingly.
(2)[F2For the purposes of sections 28 to 36 of this Act a person carries on business as a metal dealer if he carries on a business which consists wholly or partly of buying and selling for scrap old, broken, worn out, defaced or partly manufactured articles made wholly or partly of metal (whether the metal sold is in the form in which it was bought or otherwise), other than a business in the course of which metal is not bought except as materials for the manufacture of other articles and is not sold except as a by-product of such manufacture or as surplus materials bought but not required for such manufacture.]
[F2For the purposes of sections 28 to 36, a person carries on business as a metal dealer if the person—
(a)carries on a business which consists wholly or substantially of buying or selling for scrap—
(i)metal articles that are old, broken, worn out or defaced, or
(ii)partly manufactured articles that are made wholly or partly from metal, or
(b)carries on business as a motor salvage operator (so far as that does not fall within paragraph (a)).
(3)For the purposes of subsection (2)(b), a person carries on business as a motor salvage operator if the person carries on a business which consists wholly or substantially of—
(a)recovering salvageable parts from motor vehicles for re-use or sale and selling or disposing of the rest of the vehicle for scrap,
(b)buying significantly damaged motor vehicles and subsequently repairing and reselling them, or
(c)buying or selling motor vehicles which are to be the subject (whether immediately or upon a subsequent resale) of any of the activities mentioned in paragraphs (a) and (b).]
Textual Amendments
F1Words in s. 37(1) substituted (16.3.2016 for specified purposes) by Air Weapons and Licensing (Scotland) Act 2015 (asp 10), ss. 72(2), 88(2); S.S.I. 2016/85, art. 2, sch. (with arts. 4, 6)
F2S. 37(2)(3) substituted for s. 37(2) (16.3.2016 for specified purposes) by Air Weapons and Licensing (Scotland) Act 2015 (asp 10), ss. 72(3), 88(2); S.S.I. 2016/85, art. 2, sch. (with arts. 4, 6)