Scrap Metal Dealers Act 2013
| Jurisdiction | UK Non-devolved |
| Citation | 2013 c. 10 |
| Year | 2013 |
(1) No person may carry on business as a scrap metal dealer unless authorised by a licence under this Act (a “scrap metal licence”) .(2) See section 21 for the meaning of “carry on business as a scrap metal dealer”.(3) A person who carries on business as a scrap metal dealer in breach of subsection (1) is guilty of an offence and is liable on summary conviction to a fine not exceeding level 5 on the standard scale.(1) A scrap metal licence is to be issued by a local authority.a site licence, ora collector's licence.(3) A site licence authorises the licensee to carry on business at any site in the authority's area which is identified in the licence.name the licensee,name the authority,identify all the sites in the authority's area at which the licensee is authorised to carry on business,name the site manager of each site, andstate the date on which the licence is due to expire.(5) A collector's licence authorises the licensee to carry on business as a mobile collector in the authority's area.name the licensee,name the authority, andstate the date on which the licence is due to expire.complies with subsection (4) or (6) , andenables the licensee to comply with section 10 (display of licence) .(8) The Secretary of State may in regulations prescribe further requirements as to the form and content of licences.(9) A person may hold more than one licence issued by different local authorities, but may not hold more than one licence issued by any one authority.(1) A local authority must not issue or renew a scrap metal licence unless it is satisfied that the applicant is a suitable person to carry on business as a scrap metal dealer.whether the applicant or any site manager has been convicted of any relevant offence;whether the applicant or any site manager has been the subject of any relevant enforcement action;any previous refusal of an application for the issue or renewal of a scrap metal licence (and the reasons for the refusal) ;any previous refusal of an application for a relevant environmental permit or registration (and the reasons for the refusal) ;any previous revocation of a scrap metal licence (and the reasons for the revocation) ;whether the applicant has demonstrated that there will be in place adequate procedures to ensure that the provisions of this Act are complied with.“site manager” means an individual proposed to be named in the licence as a site manager,“relevant offence” means an offence which is prescribed for the purposes of this section in regulations made by the Secretary of State, and“relevant enforcement action” means enforcement action which is so prescribed.any director of the company;any secretary of the company;any shadow director of the company (that is to say, any person in accordance with whose directions or instructions the directors of the company are accustomed to act) .(5) In determining whether a partnership is a suitable person to carry on business as a scrap metal dealer, a local authority is to have regard, in particular, to whether each of the partners is a suitable person.(6) The authority must also have regard to any guidance on determining suitability which is issued from time to time by the Secretary of State.any other local authority;the Environment Agency;the Natural Resources Body for Wales;an officer of a police force.that the dealer must not receive scrap metal except between 9 a.m. and 5 p.m. on any day;that all scrap metal received must be kept in the form in which it is received for a specified period, not exceeding 72 hours, beginning with the time when it is received.(9) “Specified” means specified in the condition.(1) The authority may revoke a scrap metal licence if it is satisfied that the licensee does not carry on business at any of the sites identified in the licence.(2) The authority may revoke a licence if it is satisfied that a site manager named in the licence does not act as site manager at any of the sites identified in the licence.(3) The authority may revoke a licence if it is no longer satisfied that the licensee is a suitable person to carry on business as a scrap metal dealer.(4) Section 3(2) to (7) apply for the purposes of subsection (3) .(5) If the licensee or any site manager named in a licence is convicted of a relevant offence, the authority may vary the licence by adding one or both of the conditions set out in section 3(8) .(6) A revocation
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