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The Scrap Metal Dealers Act 2013 (Prescribed Relevant Offences and Relevant Enforcement Action) Regulations 2013

Consolidated Text Cited authorities 48 Cited in Amendments 3 Related
Vincent
JurisdictionUK Non-devolved
CitationSI 2013/2258
Year2013

2013 No. 2258

Criminal Law

Scrap Metal Dealers

The Scrap Metal Dealers Act 2013 (Prescribed Relevant Offences and Relevant Enforcement Action) Regulations 2013

Made 6th September 2013

Laid before Parliament 10th September 2013

Coming into force 1st October 2013

The Secretary of State, in exercise of the powers conferred by sections 3(3)(b) and (c) and 20(4) of the Scrap Metal Dealers Act 20131makes the following Regulations:

S-1 Citation, commencement and interpretation

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Scrap Metal Dealers Act 2013 (Prescribed Relevant Offences and Relevant Enforcement Action) Regulations 2013 and shall come into force on 1st October 2013.

(2) In these Regulations—

“environment-related offence” means an offence which relates to the transportation, shipment or transfer of waste, or to the prevention, minimisation or control of pollution of the air, water or land which may give rise to any harm;

“harm” means:

(a) harm to the health of human beings or other living organisms;

(b) harm to the quality of the environment;

(c) offence to the senses of human beings;

(d) damage to property; or

(e) impairment of, or interference with, amenities or other legitimate uses of the environment.

S-2 Relevant offences

Relevant offences

2. For the purposes of section 3(3)(b) of the Scrap Metal Dealers Act 2013, “relevant offence” means any offence specified in the Schedule to these Regulations, and includes an offence of—

(a) attempting or conspiring to commit any offence falling within the Schedule;

(b) inciting or aiding, abetting, counselling or procuring the commission of any offence falling within the Schedule, and

(c) an offence under Part 2 of the Serious Crime Act 20072(encouraging or assisting crime) committed in relation to any offence falling within the Schedule.

S-3 Relevant enforcement action

Relevant enforcement action

3. For the purposes of section 3(3)(c) of the Scrap Metal Dealers Act 2013, a person is the subject of “relevant enforcement action” if—

(a) the person has been charged with an offence specified in the Schedule to these Regulations, and criminal proceedings in respect of that offence have not yet concluded; or

(b) an environmental permit granted in respect of the person under the Environmental Permitting (England and Wales) Regulations 20103has been revoked in whole, or partially revoked, to the extent that the permit no longer authorises the recovery of metal.

Damian Green

Minister of State

Home Office

6th September 2013

SCHEDULE

Regulation 2

SCHEDULE

1 Primary Legislation

PART 1

Primary Legislation

(a) An offence under section 1, 5, or 7 of the Control of Pollution (Amendment) Act 19894

(b) An offence under section 170 or 170B of the Customs and Excise Management Act 19795, where the specific offence concerned relates to scrap metal

(c) An offence under section 110 of the Environment Act 19956

(d) An offence under sections 33, 34 or 34B of the Environmental Protection Act 19907

(e) An offence under section 9 of the Food and Environment Protection Act 19858

(f) An offence under section 1 of the Fraud Act 20069, where the specific offence concerned relates to scrap metal, or is an environment-related offence

(g) An offence under section 146 of the Legal Aid, Sentencing and Punishment of Offenders Act 201210

(h) An offence under sections 327, 328 or 330 to 332 of the Proceeds of Crime Act 200211

(i) Any offence under the Scrap Metal Dealers Act 196412

(j) Any offence under the Scrap Metal Dealers Act 2013

(k) An offence under sections 1, 8,9,10, 11, 17, 18, 22 or 25 of the Theft Act 196813, where the specific offence concerned relates to scrap metal, or is an environment-related offence

(l) Any offence under Part 1 of the Vehicles (Crime) Act 200114

(m) An offence under sections 85, 202, or 206 of the Water Resources Act 199115.

2 Secondary Legislation

PART 2

Secondary Legislation

(a) An offence under regulation 38 of the Environmental Permitting (England and Wales) Regulations 200716

(b) An offence under regulation 38 of the Environmental Permitting (England and Wales) Regulations 201017

(c) Any offence under the Hazardous Waste (England and Wales) Regulations 200518

(d) Any offence under the Hazardous Waste (Wales) Regulations 200519

(e) An offence under regulation 17(1) of the Landfill (England and Wales) Regulations 200220

(f) Any offence under the Pollution Prevention and Control (England and Wales) Regulations 200021

(g) Any offence under the Producer Responsibility (Packaging Waste) Regulations 200722

(h) Any offence under the Transfrontier Shipment of Waste Regulations 199423

(i) Any offence under the Transfrontier Shipment of Waste Regulations 200724

(j) Any offence under the Waste (Electrical and Electronic Equipment) Regulations 200625

(k) An offence under regulation 42 of the Waste (England and Wales) Regulations 201126.

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