Scrap Metal Dealers and Motor Salvage
The Scrap Metal Dealers' Act 2013 was enacted on 28th February 2013, providing legislation across England and Wales to replace the Scrap Metal Dealers' Act 1964 (including the recent amendments banning cash payments for scrap metal introduced through the Legal Aid, Sentencing and Punishment of Offenders Act 2012).
The new legislation extends the cashless trading provisions of the Scrap Metal Dealers' Act 1964 to cover motor vehicle dismantlers and mobile collectors (i.e. persons described in the 1964 Act as "itinerant collectors"). It also introduces a requirement for scrap metal dealers to check and record evidence of identity of persons from whom they receive scrap metal.
The changes include a new requirement for scrap metal dealers to obtain licences from their local authority (replacing the current registrations), and make local authorities responsible for the licensing process. Licences will be issued only after the authority undertakes a check of suitability of all directors and site managers. Applicants will be required to apply for and include basic criminal records checks (administered by "Disclosure Scotland") with their applications. Local authorities will be able to set a fee for licensing calculated on a cost recovery basis. That means that there will not be a standard national fee, although strong guidance will be issued by government.
Other changes include modernizing record-keeping requirements, creation of a national register of scrap metal dealers (to be held by the Environment Agency/Natural Resources Body Wales), widening the definition of metals that can be considered scrap, and making it easier for a local authority or police officer to enter and inspect an unlicensed site.
Although the Scrap Metal Dealers' Act 2013 was enacted on 28th February 2013, it will not be "commenced" (i.e. come into force) until 1st October 2013 to allow secondary regulations to be produced and to enable those parties affected to prepare for the changes. From 1st November 2013 any person operating without a valid licence will be liable to prosecution.
Two types of licence may be issued: a site licence or a collector's licence; both will be valid for a 3-year period. A licensee can hold only one licence in any local authority area.
- Site licence. A site licence allows the licensee to operate at any site that is specified in the licence that lies in the local authority's area (including making collections and deliveries). A copy of the licence must be displayed in a prominent place in an area accessible to the public.
To ensure business continuity it will be crucial for operators to apply for licences between 1st August and 31st August.
- Collector's licence. A collector's licence authorises the licensee to operate as a mobile collector, but only in the licensing local authority's area. If a mobile collector wishes to collect in an area covered by more than one local authority he must hold a licence from each authority. A copy of the collector's licence must be displayed on any vehicle that is being used in the course of the dealer's business.
It is intended that currently registered scrap metal dealers will be able to apply for licences from 1st August 2013. As long as they make their applications before 1st September they will automatically be issued with licences pending completion of formal suitability assessments.
Applications made after 31st August will be subject to the full licensing process and there is no guarantee that they will be complete before 1st November. Any merchant operating after 1st November 2013 without a licence will be in breach of the new legislation and may be served with a closure order. Continuing to operate in breach of a closure order may result in an unlimited fine.
- Scrap Metal Dealers' Act 2013 comes into force on 1st October 2013.
- Currently registered scrap metal dealers may apply for licence from 1st August
- Currently registered scrap metal dealers applying during August will be granted a licence valid until 1st November 2013.
- The general application process will start on 1st September 2013.
- Scrap metal dealers operating without licence after 1st November 2013 will be liable to prosecution under the new Act.
Failed Application Redress
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Please contact the Local Authority in the first instance.
Please contact firstname.lastname@example.org
We would always advise that in the event of a complaint the first contact is made with the trader by you - preferably in the form a letter (with proof of delivery).
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South Bucks District Council
If that has not worked, if you are located in the UK, Adviceguide UK
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From outside the UK contact the UK European Consumer Centre
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South Bucks District Council - corporate complaints procedure
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