House of Commons Public Bill Committee Proceedings

Session 2012 - 13
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Other Bills before Parliament

1

House of Commons

Tuesday 11 September 2012

Public Bill Committee Proceedings

Scrap Metal Dealers Bill

[FIRST SITTING]

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.

Agreed to

Clause 1 Agreed to.

Graham Jones

Negatived on division  62

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

‘(c)
a personal licence.’.

Jeremy Browne

Agreed to  18

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

Graham Jones

Not called  67

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

applicant’.

Graham Jones

Withdrawn  63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

Agreed to  19

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

Public Bill Committee Proceedings: 11 September 2012
2

Scrap Metal Dealers Bill, continued

Graham Jones

Not called  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

Not called  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.’.

Clause, as amended, Agreed to.

Graham Jones

Not called  68

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

applicant’.

Graham Jones

Not called  69

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

applicant’.

Jeremy Browne

Agreed to  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

Agreed to  21

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

Mr David Hanson

Negatived on division  5

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

Jeremy Browne

Agreed to  22

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

‘( )
any other local authority;’.

Mr David Hanson

Not called  6

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

Public Bill Committee Proceedings: 11 September 2012
3

Scrap Metal Dealers Bill, continued

Mr David Hanson

Not called  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

Agreed to  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

Not called  1

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

David Winnick

Not called  2

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

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

Graham Jones

Not called  65

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

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

evidence.’.

Graham Jones

Withdrawn  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.’.

Clause, as amended, Agreed to.

Graham Jones

Not called  70

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

applicant’.

Graham Jones

Not called  71

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

applicant’.

Jeremy Browne

Agreed to  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,’.

Clause, as amended, Agreed to.

Public Bill Committee Proceedings: 11 September 2012
4

Scrap Metal Dealers Bill, continued

Clauses 5 and 6 Agreed to.

Jeremy Browne

Agreed to  25

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

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

Mr David Hanson

Withdrawn  8

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

Clause, as amended, Agreed to.

Jeremy Browne

Agreed to  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

Agreed to  27

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

Jeremy Browne

Agreed to  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

Agreed to  29

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

Jeremy Browne

Agreed to  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

Agreed to  31

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

subsection (6)’.

Jeremy Browne

Agreed to  32

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

Public Bill Committee Proceedings: 11 September 2012
5

Scrap Metal Dealers Bill, continued

Clause, as amended, Agreed to.

Clause 9 Agreed to.

Graham Jones

Not called  72

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

applicant’.

Jeremy Browne

Agreed to  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

Not called  9

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

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

Clause, as amended, Agreed to.

Mr David Hanson

Withdrawn  11

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

Graham Jones

Not called  73

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

applicant’.

Jeremy Browne

Agreed to  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

Public Bill Committee Proceedings: 11 September 2012
6

Scrap Metal Dealers Bill, continued

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

complied with.’.

Mr David Hanson

Not called  10

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

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

Clause, as amended, Agreed to.

Jeremy Browne

Agreed to  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

Agreed to  12

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

Jeremy Browne

Agreed to  36

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

Graham Jones

Not called  74

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

applicant’.

Jeremy Browne

Agreed to  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

Not called  16

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

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

Clause, as amended, Agreed to.

Public Bill Committee Proceedings: 11 September 2012
7

Scrap Metal Dealers Bill, continued

Graham Jones

Not called  75

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

applicant’.

Graham Jones

Not called  76

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

applicant’.

Mr David Hanson

Withdrawn  13

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

Clause Agreed to.

Clause 14 Agreed to.

[Adjourned until Wednesday at 9.30 a.m.



© Parliamentary copyright	Revised 12 September 2012