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Part 1Regulation of motor salvage operators

Supplementary provisions and offences

9Rights to enter and inspect premises

(1)A constable may at any reasonable time enter and inspect premises for the time being entered in the register of a local authority as premises which are—

(a)occupied as a motor salvage yard by a person carrying on business as a motor salvage operator; or

(b)occupied by a person carrying on business as a motor salvage operator wholly or partly for the purposes of his business so far as it consists of any of the activities mentioned in section 1(2).

(2)A constable may at any reasonable time—

(a)require production of, and inspect, any motor vehicles or salvageable parts kept at premises falling within subsection (1); and

(b)require production of, inspect and take copies of or extracts from any records which the person carrying on business as a motor salvage operator is required to keep at such premises by virtue of this Part.

(3)Subsection (4) applies where, on an application made by a constable, a justice of the peace is satisfied that admission to premises specified in the application is reasonably required in order to secure compliance with the provisions of this Part, or to ascertain whether those provisions are being complied with.

(4)The justice may issue a warrant authorising a constable to enter and inspect the premises concerned.

(5)A constable—

(a)shall not be entitled to use force to enter premises in the exercise of his powers under subsection (1); but

(b)may if necessary use reasonable force in the exercise of his powers under a warrant issued under subsection (4).

(6)A constable, in seeking to enter any premises in the exercise of his powers under subsection (1), shall, if required by or on behalf of the owner or occupier or person in charge of the premises, produce evidence of his identity, and of his authority for entering, before doing so.

10Offence of making false statements

(1)A person who, in making an application to be registered in the register of a local authority or to renew his registration in such a register—

(a)makes a statement which he knows to be false in a material particular; or

(b)recklessly makes a statement which is false in a material particular;

(2)A person who is guilty of an offence under subsection (1) shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale if—

(a)any previous application of his to the local authority concerned for registration or renewal of registration was refused under section 3(3); or

(b)any previous registration of his in the register of the local authority concerned was cancelled under section 4(1).

11Notification requirements

(1)A person applying to be registered in the register of a local authority or to renew his registration in such a register shall give notice to the local authority of any changes affecting in a material particular the accuracy of the information which he has provided in connection with his application.

(2)A person who is registered in the register of a local authority shall give notice to the local authority of any changes affecting his entry in the register within 28 days of the changes occurring; and the local authority shall amend the register accordingly.

(3)A person who is registered in the register of a local authority and is not carrying on business as a motor salvage operator in the area of the local authority shall give notice to the local authority concerned of that fact within 28 days of the beginning of the period in which he is not carrying on business in that area while registered.

(4)A person who fails to give notice to a local authority in accordance with subsection (1), (2) or (3) shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(5)In proceedings for an offence under subsection (4) it shall be a defence for the accused to show that he took all reasonable steps and exercised all due diligence to avoid committing the offence.

12Offence of giving false particulars on sale for salvage