(a) carries on a business which consists wholly or partly in buying and
selling scrap metal, whether or not the metal is sold in the form in
which it was bought, or

(b) carries on business as a motor salvage operator (so far as that does not
5fall within paragraph (a)).

(3) For the purposes of subsection (2)(a), a person who manufactures articles is not
to be regarded as buying or selling scrap metal if that person—

(a) buys scrap metal (if at all) only as materials for manufacturing articles,
and

(b) 10sells scrap metal (if at all) only as a by-product of manufacturing them
or as surplus materials not required for manufacturing them.

(4) For the purposes of subsection (2)(b), a person carries on business as a motor
salvage operator if the person carries on a business which consists—

(a) wholly or partly in recovering salvageable parts from motor vehicles
15for re-use or sale and subsequently selling or otherwise disposing of the
rest of the vehicle for scrap,

(b) wholly or mainly in buying written-off vehicles and subsequently
repairing and reselling them,

(c) wholly or mainly in buying or selling motor vehicles which are to be the
20subject (whether immediately or on a subsequent re-sale) of any of the
activities mentioned in paragraphs (a) and (b), or

(d) wholly or mainly in activities falling within paragraphs (b) and (c).

(5) “Scrap metal dealer” means a person who is for the time being carrying on
business as a scrap metal dealer, whether or not authorised by a licence.

(6) 25“Scrap metal” includes—

(a) any old, waste or discarded metal or metallic material, and

(b) any product, article or assembly which is made from or contains metal
and is broken, worn out or regarded by its last holder as having reached
the end of its useful life.

(7) 30But the following are not scrap metal—

(a) gold,

(b) silver,

(c) platinum, iridium, osmium, palladium, rhodium and ruthenium, and

(d) any alloy of which 2 per cent or more by weight is attributable to gold
35or silver or to any one or more of the metals mentioned in paragraph (c).

(8) The Secretary of State may by order amend the definition of “scrap metal” for
the purposes of this Act (whether by amending subsection (6) or (7) or
otherwise).

19 Other definitions

(1) 40The following provisions apply for the purposes of this Act.

(2) “Licensed site” means a site identified in a scrap metal licence.

(3) “Local authority” means—

(a) in relation to England, the council of a district, the Common Council of
the City of London or the council of a London borough;

(b) 45in relation to Wales, the council of a county or a county borough.

(4) “Mobile collector” means a person regularly engaged, in the course of carrying
on business as a scrap metal dealer, in collecting waste materials and old,
broken, worn out or defaced articles by means of visits from house to house.

(5) “Officer of a police force” includes a constable of the British Transport Police
5Force.

(6) “Premises” includes any land or other place (whether enclosed or not).

(7) “Relevant environmental permit or registration”, in relation to an application
made to a local authority, means—

(a) any environmental permit under regulation 13 of the Environmental
10(Permitting) Regulations 2010 (S.I. 2010/675S.I. 2010/675) authorising any operation
by the applicant in the local authority’s area;

(b) any registration of the applicant under Schedule 2 to those Regulations
in relation to an exempt waste operation (within the meaning of
regulation 5 of those Regulations) carried on in that area;

(c) 15any registration of the applicant under Part 8 of the Waste (England
and Wales) Regulations 2011 (S.I. 2011/988S.I. 2011/988) (carriers, brokers and
dealers of controlled waste).

(8) “Relevant offence” and “relevant enforcement action” have the meaning given
by section 3(3).

(9) 20“Site” means any premises used in the course of carrying on business as a scrap
metal dealer (whether or not metal is kept there).

(10) “Site manager”—

(a) in relation to a site at which a scrap metal dealer carries on business,
means the individual who exercises day-to-day control and
25management of activities at the site, and

(b) where a licence has not yet been issued, includes an individual
proposed to be named in the licence as a site manager.

(11) An individual may be named in a licence as site manager at more than one site;
but no site may have more than one site manager named in relation to it.

20 30Extent, commencement and short title

(1) This Act extends to England and Wales.

(2) The provisions of this Act, except section 17 and this section, come into force
on such day as the Secretary of State may appoint by order.

(3) Different days may be appointed for different purposes.

(4) 35This Act may be cited as the Scrap Metal Dealers Act 2012.

SCHEDULES

Section 5

SCHEDULE 1 Further provision about licences

Term of licence

1 (1) 5A licence expires at the end of the period of 3 years beginning with the day
on which it is issued.

(2) But if an application to renew a licence is received before the licence expires,
the licence continues in effect and—

(a) if the application is withdrawn, the licence expires at the end of the
10day on which the application is withdrawn;

(b) if the application is refused, the licence expires when no appeal
under paragraph 9 is possible in relation to the refusal or any such
appeal is finally determined or withdrawn;

(c) if the licence is renewed, it expires at the end of the period of 3 years
15beginning with the day on which it is renewed or (if renewed more
than once) the day on which it is last renewed.

(3) Sub-paragraphs (1) and (2) are subject to section 4 (revocation of licence).

(4) The Secretary of State may by order substitute different periods for the
periods specified in sub-paragraphs (1) and (2)(c).

20Variation of licence

2 (1) The local authority which issued a licence may vary it by—

(a) changing it from one type to the other, or

(b) amending any of the matters mentioned in section 2(4)(a) to (c) or
(6)(a).

(2) 25But the power to amend the name of the licensee does not include the power
to transfer the licence from one person to another.

Applications

3 (1) A licence is to be issued or renewed, or varied under paragraph 2, on an
application.

(2) 30If the application is for the issue or renewal of a licence, it must be
accompanied by—

(a) if the applicant is an individual, the full name, date of birth and usual
place of residence of the applicant,

(b) if the applicant is a company, the name and registered number of the
35applicant and the address of the applicant’s registered office,

(c) if the applicant is a partnership, the full name, date of birth and usual
place of residence of each partner,

(d) the name under which the applicant proposes to carry on business in
accordance with the licence (unless it is the name given under
5paragraph (a), (b) or (c)),

(e) the telephone number and e-mail address (if any) of the applicant,

(f) the address of any site in the area of any other local authority at
which the applicant carries on business as a scrap metal dealer or
proposes to do so,

(g) 10details of any relevant environmental permit or registration in
relation to the applicant,

(h) details of any other scrap metal licence issued (whether or not by the
local authority) to the applicant within the period of 3 years ending
with the date of the application,

(i) 15details of the bank account which is proposed to be used in order to
comply with section 11, and

(j) details of any conviction of the applicant for a relevant offence, or
any relevant enforcement action taken against the applicant.

(3) If the application relates to a site licence, it must also be accompanied by—

(a) 20the address of each site proposed to be identified in the licence (or, in
the case of an application to renew, of each site identified in the
licence whose renewal is sought), and

(b) the full name, date of birth and usual place of residence of each site
manager (other than the applicant).

(4) 25If the application relates to a site licence, the references in sub-paragraph
(2)(g), (h) and (j) to the applicant are to be read as including any site
manager.

(5) If the application is for a variation under paragraph 2, it must contain
particulars of the changes to be made to the licence.

(6) 30The Secretary of State may by order amend sub-paragraph (2) or (3) to alter
the requirements as to what information must accompany an application.

Further information

4 (1) The local authority may request (either when the application is made or
later) that the applicant provide such further information as the authority
35considers relevant for the purpose of considering the application.

(2) If an applicant fails to provide information requested under sub-paragraph
(1), the authority may decline to proceed with the application.

Offence of making false statement

5 An applicant who in an application or in response to a request under
40paragraph 4(1)—

(a) makes a statement knowing it be false in a material particular, or

(b) recklessly makes a statement which is false in a material particular,

is guilty of an offence and is liable on summary conviction to a fine not
exceeding level 3 on the standard scale.

Fee

6 An application must be accompanied by a fee set by the authority, which
must not exceed the amount set out in, or determined by, regulations made
by the Secretary of State.

5Right to make representations

7 (1) If a local authority proposes—

(a) to refuse an application made under paragraph 3, or

(b) to revoke or vary a licence under section 4,

the authority must give the applicant or licensee a notice which sets out what
10the authority proposes to do and the reasons for it.

(2) In this paragraph the applicant or licensee is referred to as “A”.

(3) A notice under sub-paragraph (1) must also state that, within the period
specified in the notice, A may either—

(a) make representations about the proposal, or

(b) 15inform the authority that A wishes to do so.

(4) The period specified in the notice must be not less than 14 days beginning
with the date on which the notice is given to A.

(5) The authority may refuse the application, or revoke or vary the licence under
section 4, if—

(a) 20within the period specified in the notice, A informs the authority that
A does not wish to make representations, or

(b) the period specified in the notice expires and A has neither made
representations nor informed the authority that A wishes to do so.

(6) If, within the period specified in the notice, A informs the authority that A
25wishes to make representations, the authority—

(a) must allow A a further reasonable period to make representations,
and

(b) may refuse the application, or revoke or vary the licence under
section 4, if A fails to make representations within that period.

(7) 30If A makes representations (either within the period specified in the notice
under sub-paragraph (1) or within the further period under sub-paragraph
(6)), the authority must consider the representations.

(8) If A informs the authority that A wishes to make oral representations, the
authority must give A the opportunity of appearing before, and being heard
35by, a person appointed by the authority.

Notice of decision

8 (1) If the authority refuses the application, or revokes or varies the licence under
section 4, it must give A a notice setting out the decision and the reasons for
it.

(2) 40A notice under this paragraph must also state—

(a) that A may appeal under paragraph 9 against the decision,

(b) the time within which such an appeal may be brought, and

(c) in the case of a revocation or variation under section 4, the date on
which the revocation or variation is to take effect.

Appeals

9 (1) An applicant may appeal to a magistrates’ court against the refusal of an
5application made under paragraph 3.

(2) A licensee may appeal to a magistrates’ court against the revocation or
variation of a licence under section 4.

(3) An appeal under this paragraph is to be made within the period of 21 days
beginning with the day on which notice of the decision to refuse the
10application, or to revoke or vary the licence under section 4, was given.

(4) The procedure on an appeal under this paragraph is to be by way of
complaint for an order and in accordance with the Magistrates’ Courts Act
1980.

(5) For the purposes of the time limit for making an appeal under this
15paragraph, the making of the complaint is to be treated as the making of the
appeal.

(6) On an appeal under this paragraph, the magistrates’ court may—

(a) confirm, vary or reverse the authority’s decision, and

(b) give such directions as it considers appropriate having regard to the
20provisions of this Act.

(7) The authority must comply with any directions given by the magistrates’
court under sub-paragraph (6).

(8) But the authority need not comply with any such directions—

(a) until the time for making an application under section 111 of the
25Magistrates’ Courts Act 1980 (application by way of case stated) has
passed, or

(b) if such an application is made, until the application is finally
determined or withdrawn.

Section 9

SCHEDULE 2 30Closure of unlicensed sites

Interpretation

1 (1) For the purposes of this Schedule, a person has an interest in premises if the
person is the owner, leaseholder or occupier of the premises.

(2) In the case of a local authority, the powers conferred by this Schedule are
35exercisable only in relation to premises in the authority’s area; and “the local
authority”, in relation any premises, is to read accordingly.

Closure notice

2 (1) This paragraph applies if a constable or the local authority is satisfied—

(a) that premises are being used by a scrap metal dealer in the course of
business, and

(b) that the premises are not a licensed site.

(2) But this paragraph does not apply if the premises are residential premises.

(3) 5The constable or authority may issue a notice (a “closure notice”) which—

(a) states that the constable or authority is satisfied as mentioned in sub-
paragraph (1),

(b) gives the reasons for that,

(c) states that the constable or authority may apply to the court for a
10closure order (see paragraphs 4 and 5), and

(d) specifies the steps which may be taken to ensure that the alleged use
of the premises ceases.

(4) The constable or authority must give the closure notice to—

(a) the person who appears to the constable or authority to be the site
15manager of the premises, and

(b) any person (other than the person in paragraph (a)) who appears to
the constable or authority to be a director, manager or other officer
of the business in question.

(5) The constable or authority may also give the notice to any person who has
20an interest in the premises.

(6) Sub-paragraph (7) applies where—

(a) a person occupies another part of any building or structure of which
the premises form part, and

(b) the constable or authority reasonably believes, at the time of giving
25the notice under sub-paragraph (4), that the person’s access to that
other part would be impeded if a closure order were made in respect
of the premises.

(7) The constable or authority must give the notice to that person.

Cancellation of closure notice

3 (1) 30A closure notice may be cancelled by a notice (a “cancellation notice”) issued
by a constable or the local authority.

(2) A cancellation notice takes effect when it is given to any one of the persons
to whom the closure notice was given.

(3) The cancellation notice must also be given to any other person to whom the
35closure notice was given.

Application for closure order

4 (1) Where a closure notice has been given under paragraph 2(4), a constable or
the local authority may make a complaint to a justice of the peace for a
closure order (see paragraph 5).

(2) 40A complaint under this paragraph may not be made—

(a) less than 7 days after the date on which the closure notice was given,
or

(b) more than 6 months after that date.

(3) A complaint under this paragraph may not be made if the constable or
authority is satisfied that—

(a) the premises are not (or are no longer) being used by a scrap metal
dealer in the course of business, and

(b) 5there is no reasonable likelihood that the premises will be so used in
the future.

(4) Where a complaint has been made under this paragraph, the justice may
issue a summons to answer to the complaint.

(5) The summons must be directed to any person to whom the closure notice
10was given under paragraph 2(4).

(6) If a summons is issued under sub-paragraph (4), notice of the date, time and
place at which the complaint will be heard must be given to all the persons
to whom the closure notice was given under paragraph 2(5) and (7).

(7) The procedure on a complaint under this paragraph is to be in accordance
15with the Magistrates’ Courts Act 1980.

Closure order

5 (1) This paragraph applies if, on hearing a complaint under paragraph 4, the
court is satisfied that the closure notice was served under paragraph 2(4) and
that—

(a) 20the premises continue to be used by a scrap metal dealer in the course
of business, or

(b) there is a reasonable likelihood that the premises will be so used in
the future.

(2) The court may make such order as it considers appropriate for the closure of
25the premises (a “closure order”).

(3) A closure order may, in particular, require—

(a) that the premises be closed immediately to the public and remain
closed until a constable or the local authority makes a certificate
under paragraph 6;

(b) 30that the use of the premises by a scrap metal dealer in the course of
business be discontinued immediately;

(c) that any defendant pay into court such sum as the court determines
and that the sum will not be released by the court to that person until
the other requirements of the order are met.

(4) 35A closure order including a requirement mentioned in sub-paragraph (3)(a)
may, in particular, include such conditions as the court considers
appropriate relating to—

(a) the admission of persons onto the premises;

(b) the access by persons to another part of any building or other
40structure of which the premises form part.

(5) A closure order may include such provision as the court considers
appropriate for dealing with the consequences if the order should cease to
have effect under paragraph 6.

(6) As soon as practicable after a closure order is made, the complainant must
45fix a copy of it in a conspicuous position on the premises in respect of which
it was made.

(7) A sum which has been ordered to be paid into court under a closure order is
to be paid to the designated officer for the court.

Termination of closure order by certificate of constable or authority

6 (1) This paragraph applies where—

(a) 5a closure order has been made, but

(b) a constable or the local authority is satisfied that the need for the
order has ceased.

(2) The constable or authority may make a certificate to that effect.

(3) The closure order ceases to have effect when the certificate is made.

(4) 10If the closure order includes a requirement under paragraph 5(3)(c), any sum
paid into court under the order is to be released by the court to the defendant
(whether or not the court has made provision to that effect under paragraph
5(5)).

(5) As soon as practicable after making a certificate, the constable or authority
15must—

(a) give a copy of it to any person against whom the closure order was
made,

(b) give a copy of it to the designated officer for the court which made
the order, and

(c) 20fix a copy of it in a conspicuous position on the premises in respect
of which the order was made.

(6) The constable or authority must give a copy of the certificate to any person
who requests one.

Discharge of closure order by court

7 (1) 25Any of the following persons may make a complaint to a justice of the peace
for an order that a closure order be discharged (a “discharge order”)—

(a) any person to whom the relevant closure notice was given under
paragraph 2;

(b) any person who has an interest in the premises but to whom the
30closure notice was not given.

(2) The court may not make a discharge order unless it is satisfied that there is
no longer a need for the closure order.

(3) Where a complaint has been made under this paragraph, the justice may
issue a summons directed to—

(a) 35such constable as the justice considers appropriate, or

(b) the local authority,

requiring that person to appear before the magistrates’ court to answer to
the complaint.

(4) If a summons is issued under sub-paragraph (3), notice of the date, time and
40place at which the complaint will be heard must be given to all the persons
to whom the closure notice was given under paragraph 2 (other than the
complainant).

(5) The procedure on a complaint under this paragraph is to be in accordance
with the Magistrates’ Courts Act 1980.

Appeals

8 (1) An appeal may be made to the Crown Court against—

(a) 5a closure order;

(b) a decision not to make a closure order;

(c) a discharge order;

(d) a decision not to make a discharge order.

(2) Any appeal under this paragraph must be made before the end of the period
10of 21 days beginning with the day on which the order or the decision in
question was made.

(3) An appeal under this paragraph against a closure order or a decision not to
make a discharge order may be made by—

(a) any person to whom the relevant closure notice was given under
15paragraph 2;

(b) any person who has an interest in the premises but to whom the
closure notice was not given.

(4) An appeal under this paragraph against a decision not to make a closure
order or against a discharge order may be made by a constable or (as the case
20may be) the local authority.

(5) On an appeal under this paragraph the Crown Court may make such order
as it considers appropriate.

Enforcement of closure order

9 (1) A person is guilty of an offence if the person, without reasonable excuse,—

(a) 25permits premises to be open in contravention of a closure order, or

(b) otherwise fails to comply with, or does an act in contravention of, a
closure order.

(2) If a closure order has been made in respect of any premises, a constable or
an authorised person may (if necessary using reasonable force)—

(a) 30enter the premises at any reasonable time, and

(b) having entered the premises, do anything reasonably necessary for
the purpose of securing compliance with the order.

(3) Sub-paragraph (4) applies if a constable or an authorised person (“the
officer”) seeks to exercise powers under this paragraph in relation to any
35premises.

(4) If the owner, occupier or other person in charge of the premises requires the
officer to produce—

(a) evidence of the officer’s identity, or

(b) evidence of the officer’s authority to exercise those powers,

40the officer must produce that evidence.

(5) A person who intentionally obstructs a constable or an authorised person in
the exercise of powers under this paragraph is guilty of an offence.