House of Commons Amendments

Session 2012 - 13
Internet Publications
Other Bills before Parliament

5

House of Commons

Notices of Amendments

given on

Thursday 6 September 2012

For other Amendment(s) see the following page(s):

Scrap Metal Dealers Bill Committee 1 and 3-4

Public Bill Committee

Scrap Metal Dealers Bill

Jeremy Browne

18

Clause  2,  page  1,  line  15,  leave out from ‘licence’ to end of line 16.

Jeremy Browne

19

Clause  2,  page  2,  line  4,  leave out from ‘area’ to end of line 5.

Jeremy Browne

20

Clause  3,  page  2,  line  33,  leave out ‘subsection (2)—’ and insert ‘this section—

( )
“site manager” means an individual proposed to be named in the licence

as a site manager,’.

Jeremy Browne

21

Clause  3,  page  2,  line  35,  leave out ‘that subsection’ and insert ‘this section’.

Jeremy Browne

22

Clause  3,  page  3,  line  7,  at end insert—

‘( )
any other local authority;’.

Jeremy Browne

23

Clause  3,  page  3,  line  10,  at beginning insert ‘If the applicant or any site manager

has been convicted of a relevant offence,’.

Notices of Amendments: 6 September 2012
6

Scrap Metal Dealers Bill, continued

Jeremy Browne

24

Clause  4,  page  3,  line  27,  at beginning insert ‘If the licensee or any site manager

named in the licence is convicted of a relevant offence,’.

Jeremy Browne

25

Clause  7,  page  4,  line  13,  leave out paragraph (c) and insert—

‘( )
any trading name of the licensee,’.

Jeremy Browne

26

Clause  8,  page  4,  line  31,  leave out from ‘business’ to first ‘the’ in line 33 and

insert ‘under a trading name,’.

Jeremy Browne

27

Clause  8,  page  4,  line  34,  leave out ‘the trading’ and insert ‘that’.

Jeremy Browne

28

Clause  8,  page  4,  line  38,  leave out paragraph (a) and insert—

‘( )
any notification given to the authority under subsection (2) or (4),’.

Jeremy Browne

29

Clause  8,  page  4,  line  39,  leave out ‘paragraph 2’ and insert ‘paragraph 3A’.

Jeremy Browne

30

Clause  8,  page  4,  line  40,  at end insert ‘and

( )
any revocation by the authority of a licence.

(6A)
Notification under subsection (6) must be given within 28 days of the notification,

variation or revocation in question.’.

Jeremy Browne

31

Clause  8,  page  4,  line  41,  leave out ‘of a change or variation’ and insert ‘under

subsection (6)’.

Jeremy Browne

32

Clause  8,  page  5,  line  5,  leave out ‘and exercised all due diligence’.

Jeremy Browne

33

Clause  10,  page  5,  leave out lines 25 to 31 and insert—

‘( )
any person who, under arrangements made by a person within paragraph

(a) or (b), has responsibility for verifying the name and address.

(5)
It is a defence for a person within subsection (4)(a) or (b) who is charged with an

offence under subsection (4) to prove that the person—

Notices of Amendments: 6 September 2012
7

Scrap Metal Dealers Bill, continued

(a)
made arrangements to ensure that the metal was not received in breach of

subsection (1), and

(b)
took all reasonable steps to ensure that those arrangements were

complied with.’.

Jeremy Browne

34

Clause  11,  page  6,  leave out lines 10 to 16 and insert—

‘( )
any person who makes the payment acting for the dealer.

(5)
It is a defence for a person within subsection (4)(a) or (b) who is charged with an

offence under this section to prove that the person—

(a)
made arrangements to ensure that the payment was not made in breach of

subsection (1), and

(b)
took all reasonable steps to ensure that those arrangements were

complied with.’.

Jeremy Browne

35

Clause  12,  page  7,  line  2,  leave out from ‘allows’ to end of line 3 and insert ‘the

information and the scrap metal to which it relates to be readily identified by reference to

each other.’.

Jeremy Browne

36

Clause  12,  page  7,  line  9,  leave out ‘comply with’ and insert ‘fulfil’.

Jeremy Browne

37

Clause  12,  page  7,  leave out lines 13 to 18 and insert—

‘( )
any person who, under arrangements made by a person within paragraph

(a) or (b), has responsibility for fulfilling the requirement.

(10)
It is a defence for a person within subsection (9)(a) or (b) who is charged with an

offence under this section to prove that the person—

(a)
made arrangements to ensure that the requirement was fulfilled, and

(b)
took all reasonable steps to ensure that those arrangements were

complied with.’.

Jeremy Browne

38

Clause  16,  page  9,  line  24,  at end insert—

‘(2)
In Schedule 3 to the Regulatory Enforcement and Sanctions Act 2008

(enactments specified for the purposes of Part 1 of that Act), for “Scrap Metal

Dealers Act 1964 (c. 69)” substitute “Scrap Metal Dealers Act 2012”.’.

Jeremy Browne

39

Clause  18,  page  10,  line  1,  leave out ‘and’ and insert ‘or’.

Jeremy Browne

40

Clause  18,  page  10,  line  7,  leave out ‘buying or’.

Notices of Amendments: 6 September 2012
8

Scrap Metal Dealers Bill, continued

Jeremy Browne

41

Clause  18,  page  10,  line  8,  leave out paragraph (a).

Jeremy Browne

42

Clause  18,  page  10,  line  10,  leave out ‘(if at all)’.

Jeremy Browne

43

Clause  18,  page  10,  line  10,  leave out ‘them’ and insert ‘articles’.

Jeremy Browne

44

Clause  18,  page  10,  line  33,  leave out paragraph (c).

Jeremy Browne

45

Clause  18,  page  10,  line  35,  leave out from ‘silver’ to the end.

Jeremy Browne

46

Clause  19,  page  11,  line  1,  leave out from ‘person’ to ‘in’ in line 2 and insert

‘who—

( )
carries on business as a scrap metal dealer otherwise than at a site, and

( )
regularly engages, in the course of that business,’.

Jeremy Browne

47

Clause  19,  page  11,  line  3,  leave out ‘house to house’ and insert ‘door to door’.

Jeremy Browne

48

Clause  19,  page  11,  line  25,  leave out from ‘site’ to end of line 27.

Jeremy Browne

49

Clause  19,  page  11,  line  29,  at end insert—

‘( )
“Trading name” means a name, other than that stated in the licence under section

2(4)(a) or (6)(a), under which a licensee carries on business as a scrap metal

dealer.’.

Jeremy Browne

50

Schedule  1,  page  12,  line  21,  leave out paragraph 2.

Jeremy Browne

51

Schedule  1,  page  12,  line  28,  leave out from ‘renewed’ to ‘must’ in line 30 and

insert ‘on an application, which’.

Notices of Amendments: 6 September 2012
9

Scrap Metal Dealers Bill, continued

Jeremy Browne

52

Schedule  1,  page  13,  line  3,  leave out paragraph (d) and insert—

‘( )
any proposed trading name,’.

Jeremy Browne

53

Schedule  1,  page  13,  line  23,  leave out ‘site manager’ and insert ‘individual

proposed to be named in the licence as a site manager’.

Jeremy Browne

54

Schedule  1,  page  13,  line  26,  leave out ‘site manager’ and insert ‘individual

proposed to be named in the licence as a site manager’.

Jeremy Browne

55

Schedule  1,  page  13,  line  28,  leave out sub-paragraph (5).

Jeremy Browne

56

Schedule  1,  page  13,  line  31,  at end insert—

‘Variation of licence

3A  (1)
A local authority may, on an application, vary a licence by changing it from

one type to the other.

      (2)
If there is a change in any of the matters mentioned in section 2(4)(a) to (c) or

(6)(a), the licensee must make an application to vary the licence accordingly.

      (3)
But the power to amend the name of the licensee does not include the power to

transfer the licence from one person to another.

      (4)
An application under this paragraph—

(a)
is to be made to the authority which issued the licence, and

(b)
must contain particulars of the changes to be made to the licence.

      (5)
A licensee who fails to comply with sub-paragraph (2) is guilty of an offence

and is liable on summary conviction to a fine not exceeding level 3 on the

standard scale.

      (6)
It is a defence for a person charged with an offence under this paragraph to

prove that the person took all reasonable steps to avoid committing the

offence.’.

Jeremy Browne

57

Schedule  1,  page  14,  line  2,  leave out from ‘authority’ to end of line 4 and insert—

    ‘(2)
In setting a fee under this paragraph, the authority must have regard to any

guidance issued from time to time by the Secretary of State with the approval

of the Treasury.’.

Jeremy Browne

58

Schedule  1,  page  14,  line  7,  after ‘paragraph 3’, insert ‘or 3A’.

Notices of Amendments: 6 September 2012
10

Scrap Metal Dealers Bill, continued

Jeremy Browne

59

Schedule  1,  page  15,  line  5,  at end insert ‘or 3A’.

Jeremy Browne

60

Schedule  1,  page  15,  line  6,  after ‘against’, insert ‘—

( )
the inclusion in a licence of a condition under section 3(8), or

( )
’.

Jeremy Browne

61

Schedule  1,  page  15,  line  10,  after ‘application,’, insert ‘to include the condition,’.

Graham Jones

62

Clause  2,  page  1,  line  13,  at end add—

‘(c)
a personal licence.’.

Graham Jones

63

Clause  2,  page  2,  line  1,  at end add—

‘(e)
be displayed clearly and visibly at the point of purchase and sale.’.

Graham Jones

64

Clause  2,  page  2,  line  8,  at end add—

‘(c)
must be visibly displayed alongside road tax disc;

(d)
must be carried at all times by the collector; and

(e)
list all the vehicle registration details which are being used for the

purpose of such business.’.

Graham Jones

65

Clause  3,  page  3,  line  16,  at end add—

‘(c)
that all sales and purchases should be supported by photographic

evidence.’.

Graham Jones

66

Clause  3,  page  3,  line  17,  at end add—

‘(10)
The local authority can charge for licences and the fees chargeable must be

published 28 days before taking effect.’.

Graham Jones

67

Clause  2,  page  1,  line  21,  after ‘site manager’, insert ‘or personal licence

applicant’.

Notices of Amendments: 6 September 2012
11

Scrap Metal Dealers Bill, continued

Graham Jones

68

Clause  3,  page  2,  line  20,  after ‘site manager’, insert ‘or personal licence

applicant’.

Graham Jones

69

Clause  3,  page  2,  line  22,  after ‘site manager’, insert ‘or personal licence

applicant’.

Graham Jones

70

Clause  3,  page  3,  line  21,  after ‘site manager’, insert ‘or personal licence

applicant’.

Graham Jones

71

Clause  3,  page  3,  line  22,  after ‘site manager’, insert ‘or personal licence

applicant’.

Graham Jones

72

Clause  10,  page  5,  line  24,  after ‘site manager’, insert ‘or personal licence

applicant’.

Graham Jones

73

Clause  11,  page  6,  line  9,  after ‘site manager’, insert ‘or personal licence

applicant’.

Graham Jones

74

Clause  12,  page  7,  line  12,  after ‘site manager’, insert ‘or personal licence

applicant’.

Graham Jones

75

Clause  13,  page  7,  line  24,  after ‘site manager’, insert ‘or personal licence

applicant’.

Graham Jones

76

Clause  13,  page  7,  line  26,  after ‘site manager’, insert ‘or personal licence

applicant’.

Graham Jones

77

Clause  19,  page  11,  line  22,  after ‘site manager’, insert ‘or personal licence

applicant’.

Graham Jones

78

Clause  19,  page  11,  line  27,  after ‘site manager’, insert ‘or personal licence



© Parliamentary copyright	Revised 7 September 2012