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The Scrap Metal Dealers Act 2013 (Prescribed Relevant Offences and Relevant Enforcement Action) Regulations 2013

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Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Scrap Metal Dealers Act 2013 (Prescribed Relevant Offences and Relevant Enforcement Action) Regulations 2013 and shall come into force on 1st October 2013.

(2) In these Regulations—

“environment-related offence” means an offence which relates to the transportation, shipment or transfer of waste, or to the prevention, minimisation or control of pollution of the air, water or land which may give rise to any harm;

“harm” means:

(a)

harm to the health of human beings or other living organisms;

(b)

harm to the quality of the environment;

(c)

offence to the senses of human beings;

(d)

damage to property; or

(e)

impairment of, or interference with, amenities or other legitimate uses of the environment.

Relevant offences

2.  For the purposes of section 3(3)(b) of the Scrap Metal Dealers Act 2013, “relevant offence” means any offence specified in the Schedule to these Regulations, and includes an offence of—

(a)attempting or conspiring to commit any offence falling within the Schedule;

(b)inciting or aiding, abetting, counselling or procuring the commission of any offence falling within the Schedule, and

(c)an offence under Part 2 of the Serious Crime Act 2007(1) (encouraging or assisting crime) committed in relation to any offence falling within the Schedule.

Relevant enforcement action

3.  For the purposes of section 3(3)(c) of the Scrap Metal Dealers Act 2013, a person is the subject of “relevant enforcement action” if—

(a)the person has been charged with an offence specified in the Schedule to these Regulations, and criminal proceedings in respect of that offence have not yet concluded; or

(b)an environmental permit granted in respect of the person under the Environmental Permitting (England and Wales) Regulations 2010 (2) has been revoked in whole, or partially revoked, to the extent that the permit no longer authorises the recovery of metal.

Damian Green

Minister of State

Home Office

6th September 2013

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