Scrap Metal Dealers Act 1964
| Jurisdiction | UK Non-devolved |
| Citation | 1964 c. 69 |
| Year | 1964 |
Scrap Metal DealersAct 1964
1964 CHAPTER 69
An Act to amend the law relating to dealers in scrap metal and similar goods, and to dealers in marine stores, and for purposes connected therewith.
[31st July 1964]
B e 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:—
1 Registration of scrap metal dealers.
(1) Every local authority shall maintain a register of persons carrying on business in their area as scrap metal dealers; and, after the expiration of three months beginning with the commencement of this Act, no person shall carry on business as a scrap metal dealer in the area of a local authority unless the appropriate particulars relating to him are for the time being entered in the register maintained by the authority under this section.
(2) For the purposes of this section a person carrying on business as a scrap metal dealer shall be treated as carrying on that business in the area of a local authority if, but only if,—
( a ) a place in that area is occupied by him as a scrap metal store, or
( b ) no place is occupied by him as a scrap metal store, whether in that area or elsewhere, but he has his usual place of residence in that area, or
( c ) no place is occupied by him as a scrap metal store, whether in that area or elsewhere, but a place in that area is occupied by him wholly or partly for the purposes of that business.
(3) Any person at the commencement of this Act carrying on, or thereafter proposing to carry on, business as a scrap metal dealer in the area of a local authority may apply to the authority, on furnishing the authority in writing with the appropriate particulars relating to him, or, as the case may be, with what would be the appropriate particulars relating to him if he were then carrying on the business, to enter those particulars in the register maintained by the authority under this section; and where such an application is made, the local authority shall thereupon enter those particulars relating to the applicant in the register.
(4) For the purposes of this section the appropriate particulars relating to a scrap metal dealer, in relation to the area of a local authority, are—
( a ) the full name of the dealer;
( b ) the address—
(i) if the dealer is an individual, of his usual place of residence;
(ii) if the dealer is a body corporate, of its registered or principal office;
( c ) the address of each place in the area (if any) which is occupied by the dealer as a scrap metal store;
( d ) if the business is carried on in the circumstances mentioned in subsection (2)( b ) of this section, the fact that the business is so carried on;
( e ) if the business is carried on in the circumstances mentioned in subsection (2)( c ) of this section, the fact that the business is so carried on, and the address of the place which is occupied by the dealer as mentioned in that paragraph.
(5) Where the appropriate particulars relating to a scrap metal dealer are for the time being entered in the register maintained by a local authority under this section,—
( a ) if any event occurs which involves an alteration of those particulars, the dealer shall give notice of the alteration to the local authority and the authority shall thereupon amend the register accordingly;
( b ) if the dealer ceases to carry on business as a scrap metal dealer in the area of the local authority, he shall give notice of that fact to the authority and the authority shall thereupon cancel the entry relating to him in the register;
and any notice required to be given to a local authority under this subsection shall be given within the period of twenty-eight days beginning with the day on which the event in question occurs.
(6) The entry of the appropriate particulars relating to a scrap metal dealer in the register maintained by a local authority under this section shall include a note of the day on which the entry is made; and—
( a ) any such entry shall be cancelled by the authority at the end of the period of three years beginning with the said day, unless before the end of that period the dealer applies to the authority for the registration to be continued for a further period of three years, and
( b ) where such an application has been made, the preceding paragraph shall apply, with respect to each successive period of three years, as if the reference in the paragraph to the said day were a reference to the day as from which the registration was last continued under that paragraph.
(7) Any person who carries on business as a scrap metal dealer in contravention of subsection (1) of this section, or who fails to comply with the requirements of subsection (5) of this section as to the notice specified in paragraph ( a ) thereof, shall be guilty of an offence, and liable on summary conviction to a fine not exceeding 100.
(8) Any person who fails to comply with the requirements of subsection (5) of this section as to the notice specified in paragraph ( b ) thereof shall be guilty of an offence and liable on summary conviction to a fine not exceeding 10.
(9) It shall be the duty of every local authority to enforce the preceding provisions of this section with respect to persons carrying on business as scrap metal dealers in their area.
(10) In relation to the carrying on of business as a scrap metal dealer by a local authority in their area, this section shall apply with the modifications that the following provisions, that is to say, subsection (3), subsection (6)( a ) and ( b ), and subsection (8) shall be omitted, and for subsection (5) there shall be substituted the following subsection:—
(5) Where the appropriate particulars relating to a local authority who are carrying on business as a scrap metal dealer are for the time being entered in the register maintained by that local authority under this section,—
( a ) if any event occurs which involves the alteration of those particulars, the authority shall thereupon amend the register;
( b ) if the local authority cease to carry on business as a scrap metal dealer in their area, they shall thereupon cancel the entry relating to them in the register.’
2 Records of dealings.
(1) Subject to the provisions of this and the next following section, every scrap metal dealer shall, at each place occupied by him as a scrap metal store, keep a book for the purposes of this section, and shall enter in the book the particulars required by this section with respect to—
( a ) all scrap metal received at that place, and
( b ) all scrap metal either processed at, or despatched from, that place:
Provided that at any such place a scrap metal dealer may at his option keep two books for the purposes of this section, one for recording the said particulars with respect to scrap metal falling within paragraph ( a ) of this subsection and the other for recording the said particulars with respect to scrap metal falling within paragraph ( b ) thereof, but shall not at any one place and at any one time have in use, for the purposes of this section, more than one book for recording the said particulars with respect to scrap metal falling within each of those paragraphs.
(2) The said particulars, in the case of scrap metal falling within paragraph ( a ) of the preceding subsection, are—
( a ) the description and weight of the scrap metal;
( b ) the date and time of the receipt of the scrap metal;
( c ) if the scrap metal is received from another person, the full name and address of that person;
( d ) the price, if any, payable in respect of the receipt of the scrap metal, if that price has been ascertained at the time when the entry in the book relating to that scrap metal is to be made;
( e ) where the last preceding paragraph does not apply, the value of the scrap metal at the time when the entry is to be made as estimated by the dealer;
( f ) in the case of scrap metal delivered at the place in question by means of a mechanically propelled vehicle bearing a registration mark (whether the vehicle belongs to the dealer or not), the registration mark borne by the vehicle.
(3) The said particulars, in the case of scrap metal falling within subsection (1)( b ) of this section, are—
( a ) the description and weight of the scrap metal;
( b ) the date of processing or, as the case may be, despatch of the scrap metal, and, if processed, the process applied;
( c ) in the case of scrap metal despatched on sale or exchange, the full name and address of the person to whom the scrap metal is sold or with whom it is exchanged, and the consideration for which it is sold or exchanged;
( d ) in the case of scrap metal processed or despatched otherwise than on sale or exchange, the value of the scrap metal immediately before its processing or dispatch as estimated by the dealer.
(4) Any particulars required to be entered in a book by virtue of the preceding provisions of this section, in respect of scrap metal falling within subsection (1)( a ) of this section, shall be so entered immediately after the receipt of the scrap metal at the place in question; and any particulars so required to be entered, in respect of scrap metal falling within subsection (1)( b ) of this section, shall be so entered immediately after the processing or despatch.
(5) Any book kept by a person in pursuance of subsection (1) of this section shall be a bound book kept exclusively for the purposes of this section and shall be retained by him until the end of the period of two...
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