Conduct of business

Offence of buying scrap metal for cash etc
12
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.
S. 12 in force at 1.10.2013 by S.I. 2013/1966, art. 3(k)