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- Original (As enacted)
This is the original version (as it was originally enacted).
(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.
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