The dealing in scrap metal or the running of a
scrap metal business is controlled by the Scrap Metal Dealers Act
1964.
No person may carry on the business of a scrap
metal dealer unless they are registered to do so by their Local
Authority.
A person is deemed to be carrying on a scrap
metal business if:
- a place in the area is occupied by him as a scrap metal store,
or
- no place is occupied by him as a scrap metal store in the
Bassetlaw area or elsewhere, but he has his usual place of
residence in the Bassetlaw area, or
- no place is occupied by him as a scrap metal store in the
Bassetlaw area or elsewhere, but a place in the Bassetlaw area is
occupied by him for the purpose of that business.
Registration as a scrap metal dealer shall last
for 3 years and must be renewed on or before the expiry date if the
registered person wishes to carry on as a scrap metal dealer.
Registration Details
Before registering any person as a scrap metal
dealer, the Council will require the following information:
- The full name of the dealer.
- The address of the dealer or in the case of a body corporate
the registered or principal office.
- The address of each place in Bassetlaw that is or will be used
as a scrap metal store
- If the business is carried on from the applicants place of
residence, notice of that fact.
- If premises are used for a scrap metal business but not as a
scrap metal store, notice of that fact and the address of the
premises.
The Council must be notified within 28 days of
any alterations to a registered person's or business' particulars,
or if the business ceases to operate.
Records Required to be Kept
Every scrap metal dealer must keep, at each place
occupied by him as a scrap metal store, a book detailing all scrap
metal received at that place and all scrap metal either processed
at or dispatched from that place. Two books may be kept where the
metal processed and or dispatched from a place is not received at
that place.
The details to be kept for scrap metal received are:
- The description and weight of the metal;
- The date and time of receipt of the metal;
- If the metal is received from another person the name and
address of that person;
- The price of the metal if it has been ascertained at the time
the entry is made in the book;
- If no price has been ascertained, the estimated value of the
scrap metal;
- The registration mark of any mechanically propelled vehicle
used to deliver the scrap metal.
The details to be kept scrap metal processed or dispatched
are:
- The description and weight of the metal;
- The date of processing or dispatch, and in the case of
processing, the process applied;
- Where scrap metal is dispatched for sale or exchange, the name
and address of the person to whom it is sold or with whom it is
exchanged and the consideration for which it is sold or
exchanged;
- Where scrap metal is despatched or processed other than for
sale or exchange, its estimated value before being dispatched or
exchanged.
Entries must be made immediately upon receipt,
processing or despatch and books containing records must be kept
for two years following the last entry.
Where a person satisfies the Council that the
business is part of the business of an itinerant scrap metal
collector, the Council after consulting with the Chief of Police
may make an order requiring that on the sale of any scrap metal he
shall obtain from the purchaser a receipt showing the weight of the
metal and the aggregate price at which it was sold. These receipts
must be kept for two years and must be produced on demand to any
body authorised to require their production.
Where a scrap metal dealer does not occupy a
scrap metal store and is not registered as an itinerant then the
reference to keeping a book at a scrap metal store shall be
construed as a reference to keeping a book either at the dealers
usual place of residence or at any other place occupied for the
purpose of the scrap metal business. The references to the receipt,
processing or despatch of scrap metal at or from a place shall be
construed as the receipt, processing or despatch of scrap metal
during the course of business. Particulars must be entered in the
book as soon as is practicable.
Where a dealer occupies a scrap metal store and
is not registered as an itinerant and scrap metal is received and
disposed of other than at registered premises then entries in the
required books must be made as soon as is practicable at the
business' nearest registered store.
Rights of Entry
Any constable has a right at any reasonable time
to inspect registered premises, records kept on those premises and
scrap metal kept on the premises.
The Council has powers of entry to ascertain if
premises are being used as a scrap metal store.
Offences and Penalties
- Any person found guilty of failing to
register a scrap metal business or to notify the local authority of
alterations in the appropriate particulars shall be liable on
conviction to a fine not exceeding £1,000.
- Any person found guilty of failing to
notify a local authority that a business has ceased shall be liable
on conviction to a fine not exceeding £200.
- Any person found guilty of failing to keep
the proper prescribed records shall be liable on conviction to a
fine not exceeding £1,000.
- Any person found guilty of acquiring scrap
metal from a person under the age of 16 shall on conviction be
liable to a fine not exceeding £200.
- Any person who obstructs the entry of an
authorised inspector or fails to produce any book or document which
the officer has a right to inspect shall on conviction be liable to
a fine not exceeding £200.
Where a person is convicted of failing to
register or failing to keep records of dealings the Court may make
an order imposing restrictions on the dealer for a period not
exceeding two years.
Please use the following link to download an
application
form
Further Information
Copies of the Scrap Metal Dealers Act 1964 can be
purchased from http://www.legislation.gov.uk/.
A copy of the Scrap Metal Dealers Act 1964 can be
inspected at the Council Offices where you may also obtain an
application form and further help or advice.
Last Updated - 04/04/2013