House of Commons Amendments

Session 2012 - 13
Internet Publications
Other Bills before Parliament

23

House of Commons

Tuesday 11 September 2012

Public Bill Committee

New Amendments handed in are marked thus

Amendments which will comply with the required notice period at their next appearance

Scrap Metal Dealers Bill

Richard Ottaway

That, if proceedings on the Scrap Metal Dealers Bill are not completed at this day’s

sitting, the Committee do meet on Wednesday 12 September at half-past Nine o’clock and

half-past One o’clock and on Thursday 13 September at half-past One o’clock.

Graham Jones

62

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

‘(c)
a personal licence.’.

Jeremy Browne

18

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

Graham Jones

67

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

applicant’.

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.’.

Jeremy Browne

19

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

Public Bill Committee: 11 September 2012
24

Scrap Metal Dealers Bill, continued

Graham Jones

3

Clause  2,  page  2,  line  5,  at end insert—

‘(c)
requires the licensee to display a large and visible identification badge on

their vehicle(s), provided by the local authority.’.

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

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’.

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’.

Mr David Hanson

5

Clause  3,  page  3,  line  6,  leave out ‘may’ and insert ‘must’.

Jeremy Browne

22

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

‘( )
any other local authority;’.

Mr David Hanson

6

Clause  3,  page  3,  line  8,  at end add ‘and other environmental groups’.

Public Bill Committee: 11 September 2012
25

Scrap Metal Dealers Bill, continued

Mr David Hanson

7

Clause  3,  page  3,  line  9,  leave out ‘an officer of a police force’ and insert ‘the chief

constable of a relevant police 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,’.

David Winnick

1

Clause  3,  page  3,  line  10,  leave out ‘one or both’ and insert ‘any’.

David Winnick

2

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

‘(c)
other such conditions as are consistent with preventing crime.’.

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

70

Clause  4,  page  3,  line  21,  after ‘site manager’, insert ‘or personal licence

applicant’.

Graham Jones

71

Clause  4,  page  3,  line  22,  after ‘site manager’, insert ‘or personal licence

applicant’.

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,’.

Public Bill Committee: 11 September 2012
26

Scrap Metal Dealers Bill, continued

Jeremy Browne

25

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

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

Mr David Hanson

8

Clause  7,  page  4,  line  18,  at end add ‘and available online.’.

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’.

Public Bill Committee: 11 September 2012
27

Scrap Metal Dealers Bill, continued

Graham Jones

72

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

applicant’.

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—

(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.’.

Mr David Hanson

9

Clause  10,  page  5,  line  27,  at end add—

‘(d)
the employee who receives scrap metal.’.

Mr David Hanson

11

Clause  11,  page  6,  line  4,  at end add ‘excluding cash payments.’.

Graham Jones

73

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

applicant’.

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.’.

Mr David Hanson

10

Clause  11,  page  6,  line  12,  at end add—

‘(d)
the employee who receives scrap metal.’.

Public Bill Committee: 11 September 2012
28

Scrap Metal Dealers Bill, continued

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.’.

Mr David Hanson

12

Clause  12,  page  7,  line  7,  leave out ‘2 years’ and insert ‘3 years’.

Jeremy Browne

36

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

Graham Jones

74

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

applicant’.

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.’.

Mr David Hanson

16

Clause  12,  page  7,  line  14,  at end add—

‘(d)
the employee who receives scrap metal.’.

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’.

Public Bill Committee: 11 September 2012
29

Scrap Metal Dealers Bill, continued

Mr David Hanson

13

Clause  13,  page  7,  line  33,  leave out subsection (3).

Mr David Hanson

14

Clause  15,  page  9,  line  5,  at end add ‘and lay it before both Houses of Parliament.’.

Graham Jones

4

Clause  15,  page  9,  line  10,  at end insert—

‘(d)
assess the prevalence of the export of stolen scrap metal through UK

ports in the years following the passage of the Act.’.

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”.’.

Mr David Hanson

15

Clause  17,  page  9,  line  29,  after ‘18(8)’, insert ‘Schedule 1(6)’.

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’.

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)’.



© Parliamentary copyright	Revised 11 September 2012