# Scrap Metal Dealers Act 2013

        - Previous
        - Next

E+W

# Scrap Metal Dealers Act 2013

# 2013 CHAPTER 10

An Act to amend the law relating to scrap metal dealers; and for connected purposes.

[28th February 2013]

Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons,                           in this present Parliament assembled, and by the authority of the same, as follows:—                        

## Licensing of scrap metal dealersE+W

### 1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

### 2Form and effect of licenceE+W

### 3Issue of licenceE+W

### 4Revocation of licence and imposition of conditionsE+W

### 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

### 6Supply of information by authorityE+W

### 7Register of licencesE+W

### 8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

### 9Closure of unlicensed sitesE+W

## Conduct of businessE+W

### 10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

### 11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

### 12Offence of buying scrap metal for cash etcE+W

### 13Records: receipt of metalE+W

### 14Records: disposal of metalE+W

### 15. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

## SupplementaryE+W

### 16Right to enter and inspectE+W

(1)A constable or an officer of a local authority may enter and inspect a licensed site at any reasonable time on notice to the                        site manager.                  

(2)A constable or an officer of a local authority may enter and inspect a licensed site at any reasonable time, otherwise than                        on notice to the site manager, if—                  

(a)reasonable attempts to give such notice have been made and have failed, or                  

(b)entry to the site is reasonably required for the purpose of ascertaining whether the provisions of this Act are being complied                        with or investigating offences under it and (in either case) the giving of notice would defeat that purpose.                  

(3)Subsections (1) and (2) do not apply to residential premises.                  

(4)A constable or an officer of a local authority is not entitled to use force to enter premises in the exercise of the powers                        under subsections (1) and (2).                  

(5)A justice of the peace may issue a warrant authorising entry (in accordance with subsection (7)) to any premises within subsection                        (6) if the justice is satisfied by information on oath that there are reasonable grounds for believing that entry to the premises                        is reasonably required for the purpose of—                  

(a)securing compliance with the provisions of this Act, or                  

(b)ascertaining whether those provisions are being complied with.                  

(6)Premises are within this subsection if—                  

(a)the premises are a licensed site, or                  

(b)the premises are not a licensed site but there are reasonable grounds for believing that the premises are being used by a                        scrap metal dealer in the course of business.                  

(7)The warrant is a warrant signed by the justice which—                  

(a)specifies the premises concerned, and                  

(b)authorises a constable or an officer of a local authority to enter and inspect the premises at any time within one month from                        the date of the warrant.                  

(8)A constable or an officer of a local authority may, if necessary, use reasonable force in the exercise of the powers under                        a warrant under subsection (5).                  

(9)A constable or an officer of a local authority may—                  

(a)require production of, and inspect, any scrap metal kept at any premises mentioned in subsection (1) or (2) or in a warrant                        under subsection (5);                  

(b)require production of, and inspect, any records kept in accordance with section 13 or 14 and any other records relating to                        payment for scrap metal;                  

(c)take copies of or extracts from any such records.                  

(10)Subsection (11) applies if a constable or an officer of a local authority (“the officer”) seeks to exercise powers under this section in relation to any premises.                  

(11)If the owner, occupier or other person in charge of the premises requires the officer to produce—                  

(a)evidence of the officer's identity, or                  

(b)evidence of the officer's authority to exercise those powers,                  

the officer must produce that evidence.

(12)In the case of an officer of a local authority, the powers under this section are exercisable only in relation to premises                        in the area of the authority.                  

(13)A person who—                  

(a)obstructs the exercise of a right of entry or inspection under this section, or                  

(b)fails to produce a record required to be produced under this section,                  

is guilty of an offence and is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

### 17Offences by bodies corporateE+W

(1)Where an offence under this Act is committed by a body corporate and is proved—                  

(a)to have been committed with the consent or connivance of a director, manager, secretary or other similar officer, or                  

(b)to be attributable to any neglect on the part of any such individual,                  

the individual as well as the body corporate is guilty of the offence and is liable to be proceeded against and punished accordingly.

(2)Where the affairs of a body corporate are managed by its members, subsection (1) applies in relation to the acts and omissions                        of a member in connection with that management as if the member were a director of the body corporate.                  

### 18Review of ActE+W

(1)Before the end of 5 years beginning with the day on which section 1 comes into force, the Secretary of State must—                  

(a)carry out a review of this Act, and                  

(b)publish a report of the conclusions of the review.                  

(2)The report must in particular—                  

(a)set out the objectives intended to be achieved by this Act,                  

(b)assess the extent to which those objectives have been achieved, and                  

(c)assess whether it is appropriate to retain or repeal the Act or any of its provisions in order to achieve those objectives.                  

### 19Consequential amendmentsE+W

(1)The following are repealed—                  

(a)the Scrap Metal Dealers Act 1964;                  

(b)paragraph 6 of Schedule 9 to the Local Government (Wales) Act 1994;                  

(c)paragraph 1 of Schedule 3 to the Vehicle Excise and Registration Act 1994;                  

(d)in the Vehicles (Crime) Act 2001—                  

(i)Part 1,                  

(ii)section 35, and                  

(iii)paragraphs 1 and 2 of the Schedule;                  

(e)in paragraph 168 of Schedule 17 to the Communications Act 2003, “16(2)(a),”;                  

(f)sections 145 to 147 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012.                  

(2)In Schedule 3 to the Regulatory Enforcement and Sanctions Act 2008 (enactments specified for the purposes of Part 1 of that                        Act), for “Scrap Metal Dealers Act 1964 (c. 69)” substitute “ Scrap Metal Dealers Act 2013 ”.                  

### 20Orders and regulationsE+W

(1)Any power to make an order or regulations under this Act is exercisable by statutory instrument.                  

(2)A statutory instrument containing an order or regulations under this Act, other than an order under section 12(2), 21(8) or                        23(2), is subject to annulment in pursuance of a resolution of either House of Parliament.                  

(3)A statutory instrument containing an order under section 12(2) or 21(8) may not be made unless a draft of the instrument has                        been laid before and approved by a resolution of each House of Parliament.                  

(4)Any power to make an order or regulations under this Act—                  

(a)may be exercised so as to make different provision for different purposes;                  

(b)includes power to make such incidental, supplementary, consequential, transitory, transitional or saving provision as the                        Secretary of State considers appropriate.                  

### 21“Carrying on business as a scrap metal dealer” and “scrap metal”E+W

(1)The following provisions apply for the purposes of this Act.                  

(2)A person carries on business as a scrap metal dealer if the person—                  

(a)carries on a business which consists wholly or partly in buying or selling scrap metal, whether or not the metal is sold in                        the form in which it was bought, or                  

(b)carries on business as a motor salvage operator (so far as that does not fall within paragraph (a)).                  

(3)For the purposes of subsection (2)(a), a person who manufactures articles is not to be regarded as selling scrap metal if                        that person sells scrap metal only as a by-product of manufacturing articles or as surplus materials not required for manufacturing                        them.                  

(4)For the purposes of subsection (2)(b), a person carries on business as a motor salvage operator if the person carries on a                        business which consists—                  

(a)wholly or partly in recovering salvageable parts from motor vehicles for re-use or sale and subsequently selling or otherwise                        disposing of the rest of the vehicle for scrap,                  

(b)wholly or mainly in buying written-off vehicles and subsequently repairing and reselling them,                  

(c)wholly or mainly in buying or selling motor vehicles which are to be the subject (whether immediately or on a subsequent re-sale)                        of any of the activities mentioned in paragraphs (a) and (b), or                  

(d)wholly or mainly in activities falling within paragraphs (b) and (c).                  

(5)“Scrap metal dealer” means a person who is for the time being carrying on business as a scrap metal dealer, whether or not authorised by a licence.                  

(6)“Scrap metal” includes—                  

(a)any old, waste or discarded metal or metallic material, and                  

(b)any product, article or assembly which is made from or contains metal and is broken, worn out or regarded by its last holder                        as having reached the end of its useful life.                  

(7)But the following are not scrap metal—                  

(a)gold,                  

(b)silver, and                  

(c)any alloy of which 2 per cent or more by weight is attributable to gold or silver.                  

(8)The Secretary of State may by order amend the definition of “scrap metal” for the purposes of this Act (whether by amending subsection (6) or (7) or otherwise).                  

### 22. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

### 23Extent, commencement and short titleE+W

(1)This Act extends to England and Wales.                  

(2)The provisions of this Act, except section 20 and this section, come into force on such day as the Secretary of State may                        appoint by order.                  

(3)Different days may be appointed for different purposes.                  

(4)This Act may be cited as the Scrap Metal Dealers Act 2013.                  

# SCHEDULES

 Section 5

## SCHEDULE 1E+WFurther provision about licences

### Term of licenceE+W

1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

### ApplicationsE+W

2(1)A licence is to be issued or renewed on an application, which must be accompanied by—E+W

(a)if the applicant is an individual, the full name, date of birth and usual place of residence of the applicant,

(b)if the applicant is a company, the name and registered number of the applicant and the address of the applicant's registered                        office,

(c)if the applicant is a partnership, the full name, date of birth and usual place of residence of each partner,

(d)any proposed trading name,

(e)the telephone number and e-mail address (if any) of the applicant,

(f)the address of any site in the area of any other local authority at which the applicant carries on business as a scrap metal                        dealer or proposes to do so,

(g)details of any relevant environmental permit or registration in relation to the applicant,

(h)details of any other scrap metal licence issued (whether or not by the local authority) to the applicant within the period                        of 3 years ending with the date of the application,

(i)details of the bank account which is proposed to be used in order to comply with section 12 (scrap metal not to be bought                        for cash etc), and

(j)details of any conviction of the applicant for a relevant offence, or any relevant enforcement action taken against the applicant.

(2)If the application relates to a site licence, it must also be accompanied by—

(a)the address of each site proposed to be identified in the licence (or, in the case of an application to renew, of each site                        identified in the licence whose renewal is sought), and

(b)the full name, date of birth and usual place of residence of each individual proposed to be named in the licence as a site                        manager (other than the applicant).

(3)If the application relates to a site licence, the references in sub-paragraph (1)(g), (h) and (j) to the applicant are to                        be read as including any individual proposed to be named in the licence as a site manager.

(4)The Secretary of State may by order amend sub-paragraph (1) or (2) to alter the requirements as to what information must accompany                        an application.

### Variation of licenceE+W

3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

### Further informationE+W

4(1)The local authority may request (either when the application is made or later) that the applicant provide such further information                        as the authority considers relevant for the purpose of considering the application.E+W

(2)If an applicant fails to provide information requested under sub-paragraph (1), the authority may decline to proceed with                        the application.

### Offence of making false statementE+W

5E+WAn applicant who in an application or in response to a request under paragraph 4(1)—

(a)makes a statement knowing it be false in a material particular, or

(b)recklessly makes a statement which is false in a material particular,

is guilty of an offence and is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

### FeeE+W

6(1)An application must be accompanied by a fee set by the authority.E+W

(2)In setting a fee under this paragraph, the authority must have regard to any guidance issued from time to time by the Secretary                        of State with the approval of the Treasury.

### Right to make representationsE+W

7(1)If a local authority proposes—E+W

(a)to refuse an application made under paragraph 2 or 3, or

(b)to revoke or vary a licence under section 4,

the authority must give the applicant or licensee a notice which sets out what the authority proposes to do and the reasons                     for it.                  

(2)In this paragraph and paragraph 8 the applicant or licensee is referred to as “A”.

(3)A notice under sub-paragraph (1) must also state that, within the period specified in the notice, A may either—

(a)make representations about the proposal, or

(b)inform the authority that A wishes to do so.

(4)The period specified in the notice must be not less than 14 days beginning with the date on which the notice is given to A.

(5)The authority may refuse the application, or revoke or vary the licence under section 4, if—

(a)within the period specified in the notice, A informs the authority that A does not wish to make representations, or

(b)the period specified in the notice expires and A has neither made representations nor informed the authority that A wishes                        to do so.

(6)If, within the period specified in the notice, A informs the authority that A wishes to make representations, the authority—

(a)must allow A a further reasonable period to make representations, and

(b)may refuse the application, or revoke or vary the licence under section 4, if A fails to make representations within that                        period.

(7)If A makes representations (either within the period specified in the notice under sub-paragraph (1) or within the further                        period under sub-paragraph (6)), the authority must consider the representations.

(8)If A informs the authority that A wishes to make oral representations, the authority must give A the opportunity of appearing                        before, and being heard by, a person appointed by the authority.

### Notice of decisionE+W

8(1)If the authority refuses the application, or revokes or varies the licence under section 4, it must give A a notice setting                        out the decision and the reasons for it.E+W

(2)A notice under this paragraph must also state—

(a)that A may appeal under paragraph 9 against the decision,

(b)the time within which such an appeal may be brought, and

(c)in the case of a revocation or variation under section 4, the date on which the revocation or variation is to take effect.

### AppealsE+W

9(1)An applicant may appeal to a magistrates' court against the refusal of an application made under paragraph 2 or 3.E+W

(2)A licensee may appeal to a magistrates' court against—

(a)the inclusion in a licence of a condition under section 3(8), or

(b)the revocation or variation of a licence under section 4.

(3)An appeal under this paragraph is to be made within the period of 21 days beginning with the day on which notice of the decision                        to refuse the application, to include the condition, or to revoke or vary the licence under section 4, was given.

(4)The procedure on an appeal under this paragraph is to be by way of complaint for an order and in accordance with the Magistrates'                        Courts Act 1980.

(5)For the purposes of the time limit for making an appeal under this paragraph, the making of the complaint is to be treated                        as the making of the appeal.

(6)On an appeal under this paragraph, the magistrates' court may—

(a)confirm, vary or reverse the authority's decision, and

(b)give such directions as it considers appropriate having regard to the provisions of this Act.

(7)The authority must comply with any directions given by the magistrates' court under sub-paragraph (6).

(8)But the authority need not comply with any such directions—

(a)until the time for making an application under section 111 of the Magistrates' Courts Act 1980 (application by way of case                        stated) has passed, or

(b)if such an application is made, until the application is finally determined or withdrawn.

 Section 9

## SCHEDULE 2E+WClosure of unlicensed sites

Commencement Information

I1Sch. 2 in force at 1.12.2013 by S.I. 2013/1966, **art. 4(h)**

### InterpretationE+W

1(1)For the purposes of this Schedule, a person has an interest in premises if the person is the owner, leaseholder or occupier                        of the premises.E+W

(2)In the case of a local authority, the powers conferred by this Schedule are exercisable only in relation to premises in the                        authority's area; and “the local authority”, in relation any premises, is to read accordingly.

Commencement Information

I2Sch. 2 para. 1 in force at 1.12.2013 by S.I. 2013/1966, **art. 4(h)**

### Closure noticeE+W

2(1)This paragraph applies if a constable or the local authority is satisfied—E+W

(a)that premises are being used by a scrap metal dealer in the course of business, and

(b)that the premises are not a licensed site.

(2)But this paragraph does not apply if the premises are residential premises.

(3)The constable or authority may issue a notice (a “closure notice”) which—

(a)states that the constable or authority is satisfied as mentioned in sub-paragraph (1),

(b)gives the reasons for that,

(c)states that the constable or authority may apply to the court for a closure order (see paragraphs 4 and 5), and

(d)specifies the steps which may be taken to ensure that the alleged use of the premises ceases.

(4)The constable or authority must give the closure notice to—

(a)the person who appears to the constable or authority to be the site manager of the premises, and

(b)any person (other than the person in paragraph (a)) who appears to the constable or authority to be a director, manager or                        other officer of the business in question.

(5)The constable or authority may also give the notice to any person who has an interest in the premises.

(6)Sub-paragraph (7) applies where—

(a)a person occupies another part of any building or structure of which the premises form part, and

(b)the constable or authority reasonably believes, at the time of giving the notice under sub-paragraph (4), that the person's                        access to that other part would be impeded if a closure order were made in respect of the premises.

(7)The constable or authority must give the notice to that person.

Commencement Information

I3Sch. 2 para. 2 in force at 1.12.2013 by S.I. 2013/1966, **art. 4(h)**

### Cancellation of closure noticeE+W

3(1)A closure notice may be cancelled by a notice (a “cancellation notice”) issued by a constable or the local authority.E+W

(2)A cancellation notice takes effect when it is given to any one of the persons to whom the closure notice was given.

(3)The cancellation notice must also be given to any other person to whom the closure notice was given.

Commencement Information

I4Sch. 2 para. 3 in force at 1.12.2013 by S.I. 2013/1966, **art. 4(h)**

### Application for closure orderE+W

4(1)Where a closure notice has been given under paragraph 2(4), a constable or the local authority may make a complaint to a justice                        of the peace for a closure order (see paragraph 5).E+W

(2)A complaint under this paragraph may not be made—

(a)less than 7 days after the date on which the closure notice was given, or

(b)more than 6 months after that date.

(3)A complaint under this paragraph may not be made if the constable or authority is satisfied that—

(a)the premises are not (or are no longer) being used by a scrap metal dealer in the course of business, and

(b)there is no reasonable likelihood that the premises will be so used in the future.

(4)Where a complaint has been made under this paragraph, the justice may issue a summons to answer to the complaint.

(5)The summons must be directed to any person to whom the closure notice was given under paragraph 2(4).

(6)If a summons is issued under sub-paragraph (4), notice of the date, time and place at which the complaint will be heard must                        be given to all the persons to whom the closure notice was given under paragraph 2(5) and (7).

(7)The procedure on a complaint under this paragraph is to be in accordance with the Magistrates' Courts Act 1980.

Commencement Information

I5Sch. 2 para. 4 in force at 1.12.2013 by S.I. 2013/1966, **art. 4(h)**

### Closure orderE+W

5(1)This paragraph applies if, on hearing a complaint under paragraph 4, the court is satisfied that the closure notice was given                        under paragraph 2(4) and that—E+W

(a)the premises continue to be used by a scrap metal dealer in the course of business, or

(b)there is a reasonable likelihood that the premises will be so used in the future.

(2)The court may make such order as it considers appropriate for the closure of the premises (a “closure order”).

(3)A closure order may, in particular, require—

(a)that the premises be closed immediately to the public and remain closed until a constable or the local authority makes a certificate                        under paragraph 6;

(b)that the use of the premises by a scrap metal dealer in the course of business be discontinued immediately;

(c)that any defendant pay into court such sum as the court determines and that the sum will not be released by the court to that                        person until the other requirements of the order are met.

(4)A closure order including a requirement mentioned in sub-paragraph (3)(a) may, in particular, include such conditions as the                        court considers appropriate relating to—

(a)the admission of persons onto the premises;

(b)the access by persons to another part of any building or other structure of which the premises form part.

(5)A closure order may include such provision as the court considers appropriate for dealing with the consequences if the order                        should cease to have effect under paragraph 6.

(6)As soon as practicable after a closure order is made, the complainant must fix a copy of it in a conspicuous position on the                        premises in respect of which it was made.

(7)A sum which has been ordered to be paid into court under a closure order is to be paid to the designated officer for the court.

Commencement Information

I6Sch. 2 para. 5 in force at 1.12.2013 by S.I. 2013/1966, **art. 4(h)**

### Termination of closure order by certificate of constable or authorityE+W

6(1)This paragraph applies where—E+W

(a)a closure order has been made, but

(b)a constable or the local authority is satisfied that the need for the order has ceased.

(2)The constable or authority may make a certificate to that effect.

(3)The closure order ceases to have effect when the certificate is made.

(4)If the closure order includes a requirement under paragraph 5(3)(c), any sum paid into court under the order is to be released                        by the court to the defendant (whether or not the court has made provision to that effect under paragraph 5(5)).

(5)As soon as practicable after making a certificate, the constable or authority must—

(a)give a copy of it to any person against whom the closure order was made,

(b)give a copy of it to the designated officer for the court which made the order, and

(c)fix a copy of it in a conspicuous position on the premises in respect of which the order was made.

(6)The constable or authority must give a copy of the certificate to any person who requests one.

Commencement Information

I7Sch. 2 para. 6 in force at 1.12.2013 by S.I. 2013/1966, **art. 4(h)**

### Discharge of closure order by courtE+W

7(1)Any of the following persons may make a complaint to a justice of the peace for an order that a closure order be discharged                        (a “discharge order”)—E+W

(a)any person to whom the relevant closure notice was given under paragraph 2;

(b)any person who has an interest in the premises but to whom the closure notice was not given.

(2)The court may not make a discharge order unless it is satisfied that there is no longer a need for the closure order.

(3)Where a complaint has been made under this paragraph, the justice may issue a summons directed to—

(a)such constable as the justice considers appropriate, or

(b)the local authority,

requiring that person to appear before the magistrates' court to answer to the complaint.

(4)If a summons is issued under sub-paragraph (3), notice of the date, time and place at which the complaint will be heard must                        be given to all the persons to whom the closure notice was given under paragraph 2 (other than the complainant).

(5)The procedure on a complaint under this paragraph is to be in accordance with the Magistrates' Courts Act 1980.

Commencement Information

I8Sch. 2 para. 7 in force at 1.12.2013 by S.I. 2013/1966, **art. 4(h)**

### AppealsE+W

8(1)An appeal may be made to the Crown Court against—E+W

(a)a closure order;

(b)a decision not to make a closure order;

(c)a discharge order;

(d)a decision not to make a discharge order.

(2)Any appeal under this paragraph must be made before the end of the period of 21 days beginning with the day on which the order                        or the decision in question was made.

(3)An appeal under this paragraph against a closure order or a decision not to make a discharge order may be made by—

(a)any person to whom the relevant closure notice was given under paragraph 2;

(b)any person who has an interest in the premises but to whom the closure notice was not given.

(4)An appeal under this paragraph against a decision not to make a closure order or against a discharge order may be made by                        a constable or (as the case may be) the local authority.

(5)On an appeal under this paragraph the Crown Court may make such order as it considers appropriate.

Commencement Information

I9Sch. 2 para. 8 in force at 1.12.2013 by S.I. 2013/1966, **art. 4(h)**

### Enforcement of closure orderE+W

9(1)A person is guilty of an offence if the person, without reasonable excuse,—E+W

(a)permits premises to be open in contravention of a closure order, or

(b)otherwise fails to comply with, or does an act in contravention of, a closure order.

(2)If a closure order has been made in respect of any premises, a constable or an authorised person may (if necessary using reasonable                        force)—

(a)enter the premises at any reasonable time, and

(b)having entered the premises, do anything reasonably necessary for the purpose of securing compliance with the order.

(3)Sub-paragraph (4) applies if a constable or an authorised person (“the officer”) seeks to exercise powers under this paragraph in relation to any premises.

(4)If the owner, occupier or other person in charge of the premises requires the officer to produce—

(a)evidence of the officer's identity, or

(b)evidence of the officer's authority to exercise those powers,

the officer must produce that evidence.

(5)A person who intentionally obstructs a constable or an authorised person in the exercise of powers under this paragraph is                        guilty of an offence.

(6)A person guilty of an offence under this paragraph is liable on summary conviction to a fine not exceeding level 5 on the                        standard scale.

(7)In this paragraph “an authorised person” is a person authorised for the purposes of this paragraph by the local authority.

Commencement Information

I10Sch. 2 para. 9 in force at 1.12.2013 by S.I. 2013/1966, **art. 4(h)**