roger butterfield. royal assent – 28 february 2013 possibly coming into force in september ...
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ROGER BUTTERFIELD
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Royal Assent – 28 February 2013
Possibly coming into force in September
Still waiting for Regulations
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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
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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”
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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
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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
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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
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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
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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
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Section 12 makes it an offence to buy scrap metal for cash
Payments can only be made by cheque or electronic transfer
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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