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| Tuesday 11 September 2012 |
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| New Amendments handed in are marked thus  |
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| Amendments which will comply with the required notice period at their next appearance
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| | That, if proceedings on the Scrap Metal Dealers Bill are not completed at this day’s |
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| | sitting, the Committee do meet on Wednesday 12 September at half-past Nine o’clock and |
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| | half-past One o’clock and on Thursday 13 September at half-past One o’clock. |
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| Clause 2, page 1, line 13, at end add— |
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| | ‘(c) | a personal licence.’. |
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| Clause 2, page 1, line 15, leave out from ‘licence’ to end of line 16. |
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| Clause 2, page 1, line 21, after ‘site manager’, insert ‘or personal licence |
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| Clause 2, page 2, line 1, at end add— |
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| | ‘(e) | be displayed clearly and visibly at the point of purchase and sale.’. |
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| Clause 2, page 2, line 4, leave out from ‘area’ to end of line 5. |
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| Clause 2, page 2, line 5, at end insert— |
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| | ‘(c) | requires the licensee to display a large and visible identification badge on |
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| | their vehicle(s), provided by the local authority.’. |
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| Clause 2, page 2, line 8, at end add— |
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| | ‘(c) | must be visibly displayed alongside road tax disc; |
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| | (d) | must be carried at all times by the collector; and |
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| | (e) | list all the vehicle registration details which are being used for the |
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| | purpose of such business.’. |
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| Clause 3, page 2, line 20, after ‘site manager’, insert ‘or personal licence |
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| Clause 3, page 2, line 22, after ‘site manager’, insert ‘or personal licence |
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| Clause 3, page 2, line 33, leave out ‘subsection (2)—’ and insert ‘this section— |
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| | ( ) | “site manager” means an individual proposed to be named in the licence |
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| Clause 3, page 2, line 35, leave out ‘that subsection’ and insert ‘this section’. |
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| Clause 3, page 3, line 6, leave out ‘may’ and insert ‘must’. |
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| Clause 3, page 3, line 7, at end insert— |
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| | ‘( ) | any other local authority;’. |
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| Clause 3, page 3, line 8, at end add ‘and other environmental groups’. |
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| Clause 3, page 3, line 9, leave out ‘an officer of a police force’ and insert ‘the chief |
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| constable of a relevant police authority’. |
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| Clause 3, page 3, line 10, at beginning insert ‘If the applicant or any site manager |
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| has been convicted of a relevant offence,’. |
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| Clause 3, page 3, line 10, leave out ‘one or both’ and insert ‘any’. |
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| Clause 3, page 3, line 16, at end add— |
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| | ‘(c) | other such conditions as are consistent with preventing crime.’. |
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| Clause 3, page 3, line 16, at end add— |
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| | ‘(c) | that all sales and purchases should be supported by photographic |
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| Clause 3, page 3, line 17, at end add— |
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| | ‘(10) | The local authority can charge for licences and the fees chargeable must be |
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| | published 28 days before taking effect.’. |
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| Clause 4, page 3, line 21, after ‘site manager’, insert ‘or personal licence |
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| Clause 4, page 3, line 22, after ‘site manager’, insert ‘or personal licence |
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| Clause 4, page 3, line 27, at beginning insert ‘If the licensee or any site manager |
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| named in the licence is convicted of a relevant offence,’. |
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| Clause 7, page 4, line 13, leave out paragraph (c) and insert— |
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| | ‘( ) | any trading name of the licensee,’. |
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| Clause 7, page 4, line 18, at end add ‘and available online.’. |
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| Clause 8, page 4, line 31, leave out from ‘business’ to first ‘the’ in line 33 and |
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| insert ‘under a trading name,’. |
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| Clause 8, page 4, line 34, leave out ‘the trading’ and insert ‘that’. |
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| Clause 8, page 4, line 38, leave out paragraph (a) and insert— |
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| | ‘( ) | any notification given to the authority under subsection (2) or (4),’. |
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| Clause 8, page 4, line 39, leave out ‘paragraph 2’ and insert ‘paragraph 3A’. |
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| Clause 8, page 4, line 40, at end insert ‘and |
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| | ( ) | any revocation by the authority of a licence. |
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| | (6A) | Notification under subsection (6) must be given within 28 days of the notification, |
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| | variation or revocation in question.’. |
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| Clause 8, page 4, line 41, leave out ‘of a change or variation’ and insert ‘under |
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| Clause 8, page 5, line 5, leave out ‘and exercised all due diligence’. |
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| Clause 10, page 5, line 24, after ‘site manager’, insert ‘or personal licence |
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| Clause 10, page 5, leave out lines 25 to 31 and insert— |
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| | ‘( ) | any person who, under arrangements made by a person within paragraph |
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| | (a) or (b), has responsibility for verifying the name and address. |
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| | (5) | It is a defence for a person within subsection (4)(a) or (b) who is charged with an |
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| | offence under subsection (4) to prove that the person— |
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| | (a) | made arrangements to ensure that the metal was not received in breach of |
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| | (b) | took all reasonable steps to ensure that those arrangements were |
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| Clause 10, page 5, line 27, at end add— |
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| | ‘(d) | the employee who receives scrap metal.’. |
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| Clause 11, page 6, line 4, at end add ‘excluding cash payments.’. |
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| Clause 11, page 6, line 9, after ‘site manager’, insert ‘or personal licence |
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| Clause 11, page 6, leave out lines 10 to 16 and insert— |
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| | ‘( ) | any person who makes the payment acting for the dealer. |
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| | (5) | It is a defence for a person within subsection (4)(a) or (b) who is charged with an |
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| | offence under this section to prove that the person— |
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| | (a) | made arrangements to ensure that the payment was not made in breach of |
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| | (b) | took all reasonable steps to ensure that those arrangements were |
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| Clause 11, page 6, line 12, at end add— |
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| | ‘(d) | the employee who receives scrap metal.’. |
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| Clause 12, page 7, line 2, leave out from ‘allows’ to end of line 3 and insert ‘the |
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| information and the scrap metal to which it relates to be readily identified by reference to |
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| Clause 12, page 7, line 7, leave out ‘2 years’ and insert ‘3 years’. |
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| Clause 12, page 7, line 9, leave out ‘comply with’ and insert ‘fulfil’. |
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| Clause 12, page 7, line 12, after ‘site manager’, insert ‘or personal licence |
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| Clause 12, page 7, leave out lines 13 to 18 and insert— |
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| | ‘( ) | any person who, under arrangements made by a person within paragraph |
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| | (a) or (b), has responsibility for fulfilling the requirement. |
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| | (10) | It is a defence for a person within subsection (9)(a) or (b) who is charged with an |
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| | offence under this section to prove that the person— |
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| | (a) | made arrangements to ensure that the requirement was fulfilled, and |
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| | (b) | took all reasonable steps to ensure that those arrangements were |
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| Clause 12, page 7, line 14, at end add— |
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| | ‘(d) | the employee who receives scrap metal.’. |
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| Clause 13, page 7, line 24, after ‘site manager’, insert ‘or personal licence |
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| Clause 13, page 7, line 26, after ‘site manager’, insert ‘or personal licence |
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| Clause 13, page 7, line 33, leave out subsection (3). |
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| Clause 15, page 9, line 5, at end add ‘and lay it before both Houses of Parliament.’. |
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| Clause 15, page 9, line 10, at end insert— |
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| | ‘(d) | assess the prevalence of the export of stolen scrap metal through UK |
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| | ports in the years following the passage of the Act.’. |
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| Clause 16, page 9, line 24, at end insert— |
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| | ‘(2) | In Schedule 3 to the Regulatory Enforcement and Sanctions Act 2008 |
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| | (enactments specified for the purposes of Part 1 of that Act), for “Scrap Metal |
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| | Dealers Act 1964 (c. 69)” substitute “Scrap Metal Dealers Act 2012”.’. |
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| Clause 17, page 9, line 29, after ‘18(8)’, insert ‘Schedule 1(6)’. |
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| Clause 18, page 10, line 1, leave out ‘and’ and insert ‘or’. |
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| Clause 18, page 10, line 7, leave out ‘buying or’. |
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| Clause 18, page 10, line 8, leave out paragraph (a). |
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| Clause 18, page 10, line 10, leave out ‘(if at all)’. |
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