Conduct of business

I112Offence of buying scrap metal for cash etc

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.