Scrap Metal Dealers Act 2013

Conduct of business E+W

10 Display of licence E+W

(1) A scrap metal dealer who holds a site licence must display a copy of the licence at each site identified in the licence.

(2) The copy must be displayed in a prominent place in an area accessible to the public.

(3) A scrap metal dealer who holds a collector's licence must display a copy of the licence on any vehicle that is being used in the course of the dealer's business.

(4) The copy must be displayed in a manner which enables it easily to be read by a person outside the vehicle.

(5) A scrap metal dealer who fails to comply with this section is guilty of an offence and is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

Commencement Information

I1 S. 10(1)-(4) in force at 1.10.2013 by S.I. 2013/1966, art. 3(i) (with art. 5(8))

I2 S. 10(5) in force at 1.12.2013 by S.I. 2013/1966, art. 4(d)

11 Verification of supplier's identity E+W

(1) A scrap metal dealer must not receive scrap metal from a person without verifying the person's full name and address.

(2) That verification must be by reference to documents, data or other information obtained from a reliable and independent source.

(3) The Secretary of State may prescribe in regulations—

(a) documents, data or other information which are sufficient for the purpose of subsection (2);

(b) documents, data or other information which are not sufficient for that purpose.

(4) If a scrap metal dealer receives scrap metal in breach of subsection (1), each of the following is guilty of an offence—

(a) the scrap metal dealer;

(b) if the metal is received at a site, the site manager;

(c) any person who, under arrangements made by a person within paragraph (a) or (b), has responsibility for verifying the name and address.

(5) It is a defence for a person within subsection (4)(a) or (b) who is charged with an offence under subsection (4) to prove that the person—

(a) made arrangements to ensure that the metal was not received in breach of subsection (1), and

(b) took all reasonable steps to ensure that those arrangements were complied with.

(6) A person guilty of an offence under subsection (4) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(7) A person who, on delivering scrap metal to a scrap metal dealer, gives a false name or false address is guilty of an offence and is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

Commencement Information

I3 S. 11(1)-(3) in force at 1.10.2013 by S.I. 2013/1966, art. 3(j)

I4 S. 11(4)-(7) in force at 1.12.2013 by S.I. 2013/1966, art. 4(e)

12 Offence of buying scrap metal for cash etc E+W

(1) A scrap metal dealer must not pay for scrap metal except—

(a) by a cheque which under section 81A of the Bills of Exchange Act 1882 is not transferable, or

(b) by an electronic transfer of funds (authorised by credit or debit card or otherwise).

(2) The Secretary of State may by order amend subsection (1) to permit other methods of payment.

(3) In this section paying includes paying in kind (with goods or services).

(4) If a scrap metal dealer pays for scrap metal in breach of subsection (1), each of the following is guilty of an offence—

(a) the scrap metal dealer;

(b) if the payment is made at a site, the site manager;

(c) any person who makes the payment acting for the dealer.

(5) It is a defence for a person within subsection (4)(a) or (b) who is charged with an offence under this section to prove that the person—

(a) made arrangements to ensure that the payment was not made in breach of subsection (1), and

(b) took all reasonable steps to ensure that those arrangements were complied with.

(6) A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

Commencement Information

I5 S. 12 in force at 1.10.2013 by S.I. 2013/1966, art. 3(k)

13 Records: receipt of metal E+W

(1) This section applies if a scrap metal dealer receives any scrap metal in the course of the dealer's business.

(2) The dealer must record the following information—

(a) the description of the metal, including its type (or types if mixed), form, condition, weight and any marks identifying previous owners or other distinguishing features;

(b) the date and time of its receipt;

(c) if the metal is delivered in or on a vehicle, the registration mark (within the meaning of section 23 of the Vehicle Excise and Registration Act 1994) of the vehicle;

(d) if the metal is received from a person, the full name and address of that person;

(e) if the dealer pays for the metal, the full name of the person who makes the payment acting for the dealer.

(3) If the dealer receives the metal from a person, the dealer must keep a copy of any document which the dealer uses to verify the name or address of that person.

(4) If the dealer pays for the metal by cheque, the dealer must keep a copy of the cheque.

(5) If the dealer pays for the metal by electronic transfer—

(a) the dealer must keep the receipt identifying the transfer, or

(b) if no receipt identifying the transfer was obtained, the dealer must record particulars identifying the transfer.

Commencement Information

I6 S. 13 in force at 1.10.2013 by S.I. 2013/1966, art. 3(l)

14 Records: disposal of metal E+W

(1) This section applies if a scrap metal dealer disposes of any scrap metal in the course of the dealer's business.

(2) For these purposes metal is disposed of—

(a) whether or not it is in the same form in which it was received;

(b) whether or not the disposal is to another person;

(c) whether or not the metal is despatched from a site.

(3) Where the disposal is in the course of business under a site licence, the dealer must record the following information—

(a) the description of the metal, including its type (or types if mixed), form and weight;

(b) the date and time of its disposal;

(c) if the disposal is to another person, the full name and address of that person;

(d) if the dealer receives payment for the metal (whether by way of sale or exchange), the price or other consideration received.

(4) Where the disposal is in the course of business under a collector's licence, the dealer must record the following information—

(a) the date and time of the disposal;

(b) if the disposal is to another person, the full name and address of that person.

Commencement Information

I7 S. 14 in force at 1.10.2013 by S.I. 2013/1966, art. 3(m)

15 Records: supplementary E+W

(1) The information mentioned in sections 13(2) and (5) and 14(3) and (4) must be recorded in a manner which allows the information and the scrap metal to which it relates to be readily identified by reference to each other.

(2) The records mentioned in section 13(3) and (4) must be marked so as to identify the scrap metal to which they relate.

(3) The dealer must keep the information and other records mentioned in sections 13(2) to (5) and 14(3) and (4) for a period of 3 years beginning with the day on which the metal is received or (as the case may be) disposed of.

(4) If a scrap metal dealer fails to fulfil a requirement under section 13 or 14 or this section, each of the following is guilty of an offence—

(a) the scrap metal dealer;

(b) if the metal is received at or (as the case may be) despatched from a site, the site manager;

(c) any person who, under arrangements made by a person within paragraph (a) or (b), has responsibility for fulfilling the requirement.

(5) It is a defence for a person within subsection (4)(a) or (b) who is charged with an offence under this section to prove that the person—

(a) made arrangements to ensure that the requirement was fulfilled, and

(b) took all reasonable steps to ensure that those arrangements were complied with.

(6) A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

Commencement Information

I8 S. 15(1)-(3) in force at 1.10.2013 by S.I. 2013/1966, art. 3(n)

I9 S. 15(4)-(6) in force at 1.12.2013 by S.I. 2013/1966, art. 4(f)