The Scrap Metal Dealer Act 2013 (‘the Act’) was enacted to regulate the industry and it creates criminal offences for those individuals and companies failing to comply.
Tim Thompson of Kangs Solicitors outlines some of the provisions.
The Law | Kangs Scrap Metals Offences Defence Team
- Section 12 of the Act, which creates an offence for buying scrap metal for cash,
(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).
(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.
- Section 16 of the Act covers Locals Authorities’ Rights to Enter and Inspect Premises:
(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.
- Other requirements:
- all scrap metal dealers must verify the name and address of the seller at the point of sale, which is recorded and retained by the dealer
- the cashless offence will apply to all scrap metal dealers including ‘mobile collectors’ who collect door to door
- Penalty for breach:
Where a defendant is found guilty, Magistrates have the power to issue fines of up to £5,000.
How Can W
e Help? | Kangs Scrap Metal Dealers Defence Solicitors
The team at Kangs Solicitors is well versed in defending clients accused of scrap metal offences.
Please click on the below links for more information:
If you require assistance, please feel free to contact the team through one of the following who will be happy to discuss matters with you.
Our 24 Hour Rapid Response Team, can be reached on: 07989 521 210