ROGER BUTTERFIELD

Royal Assent – 28 February 2013

Possibly coming into force in September

Still waiting for Regulations

The Act requires all persons carrying on business as a scrap metal dealer to be licensed

Two types of licence – one for a site and the other for mobile collectors

A site licence specifies one site A mobile collector licence authorises

the holder to operate as a mobile collector in the area of the issuing authority

The authority has to satisfied that an applicant is a suitable person to carry on the business as a scrap metal dealer

In considering the application the authority has to consider whether the applicant has been convicted of a relevant offence

The Secretary of State has power to make regulations prescribing “relevant offences”

A licence can be revoked on various grounds including where the authority is no longer satisfied that the licensee is a suitable person to carry on the business as a scrap metal dealer

A licence will last for three years

A licence can be varied if there is a change of circumstances relating to details in the licence

A fee can be charged at cost recovery

If an authority proposes to refuse an application or to revoke a licence the authority must notify the applicant of their proposed decision. The notice must set out how the applicant can make representations

There is an appeal to the Magistrates Court

The authority can close unlicensed sites by making an application to the Magistrates Court

The licence must be displayed in a prominent place in an area accessible to the public

For mobile collectors it must be displayed in a manner which enables the licence to be easily read by a person outside the vehicle

It will be an offence if the identity and the address of a person from whom scrap metal is received is not verified

The Secretary of State will make regulations prescribing what documents will be sufficient to prove identity e.g. Passport/driving licence

Section 12 makes it an offence to buy scrap metal for cash

Payments can only be made by cheque or electronic transfer

A record must be kept of the type of metal purchased; the time/date of the transaction; personal information on the seller; proof of an non-cash transaction

Similar records have to be kept of any disposal of scrap

Police and local authority officers have a right of entry to licensed premises