The Scrap Metal Dealers Act 2013 replaces all previous registration requirements for Scrap Metal Dealers and Motor Salvage Operators. It came into force on October 1, 2013 and, since then, applications for site licences and mobile dealer's licenses need to be made under this new legislation.
Those registered under the previous legislation i.e Scrap Metal Dealers Act 1964 and Vehicles (Crime) Act 2001 before 1 October 2013, had until 15 October 2013 to submit an application for a licence under the new legislation, in order to remain licensed pending the determination of that application.
The new legislation became fully in force from 1 December 2013 all dealers are now expected to be compliant with the legislation and those who need further information should licensing.
In summary, the new legislation provides:
- scrap metal dealers and motor salvage operators will both be considered as "scrap metal dealers" and expected to adhere to the legislation.
- an enhanced licence application process, including consultation with the police and Environment Agency/Natural Resource Wales.
There will be two categories of Licence:
A Site Licence ( dealers may have multiple sites within the council's area)
A "site" is any place occupied for the purposes of the scrap metal dealer's business; a site licence holder may collect scrap metal, but only by prior arrangement ( dealers may have multiple sites within the council's area) - A "site" is any place occupied for the purposes of the dealer's business; a site licence holder may collect , but only by prior arrangement
A Mobile Collector's Licence (separate licences are required for each council area where collections take place)
A mobile collector must not occupy a site for the purposes of their scrap metal business, but may collect scrap metal without prior arrangement (separate licences are required for each council area where collections take place) - A mobile collector must not occupy a site for the purposes of their business, but may collect without prior arrangement.
Power for the council to refuse or revoke licence or impose conditions where appropriate, subject to the right to make representations before refusal, revocation or the imposition of conditions (these are limited to times of operation and a requirement that metal will be kept in its original form for minimum of 72 hours)
The licence must be displayed at site or on mobile collector's vehicle where it can be read by the public Sellers must produce prescribed personal ID (photo ID) at the point of sale - the dealer must keep a record of the ID
There may be no cash purchases of scrap metal in any circumstances - payment must be by cheque or electronic transfer of funds
The Police and the council will have powers to inspect sites and records of scrap metal transactions
There will be a central on-line register of licences published by the Environment Agency/Natural Resource Wales
Application fees are set by each council
Closure Notice (from Police or Council) for unlicensed sites; Closure Orders (via Magistrates' Court) if still used as such after seven days.
There will be Statutory Guidance from the Home Office to accompany the legislation.
Background
The Scrap Metal Dealer's Act 2013 replaces the Scrap Metal Dealers' Act 1964 and part 1 of the Vehicles (Crime) Act 2001 (motor salvage operators).
In addition to a licence under the 2013 Act, the following may be required:
- a waste management licence or a hazardous waste licence from the Environment Agency/Natural Resource Wales
- registration of the business with the Health and Safety Executive
- planning permission for the use of any premises in connection with the business
- Basic Disclosure Certificate - You can apply for the certificate via any Responsible Organisation with the Disclosure and Barring Service (DBS) to submit basic checks through the web service (we will only accept a Basic Disclosure Certificate under 3 months old) .
A list of Responsible Organisations providing a basic check services through the DBS can be found at https://www.gov.uk/guidance/responsible-organisations
For further information please contact Licensing Officers for details on 01443 425001 or via licensing.section@rctcbc.gov.uk