Session 2012 - 13
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Other Bills before Parliament


 
 

459

 

House of Commons

 
 

Notices of Amendments

 

given up to and including

 

Wednesday 7 November 2012

 

New Amendments handed in are marked thus Parliamentary Star

 

Consideration of Bill


 

Scrap Metal Dealers Bill, As Amended


 

New Clauses

 

Display of licence

 

Secretary Theresa May

 

NC1

 

To move the following Clause:—

 

‘(1)    

A scrap metal dealer who holds a site licence must display a copy of the licence

 

at each site identified in the licence.

 

(2)    

The copy must be displayed in a prominent place in an area accessible to the

 

public.

5

(3)    

A scrap metal dealer who holds a collector’s licence must display a copy of the

 

licence on any vehicle that is being used in the course of the dealer’s business.

 

(4)    

The copy must be displayed in a manner which enables it easily to be read by a

 

person outside the vehicle.

 

(5)    

A scrap metal dealer who fails to comply with this section is guilty of an offence

10

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

 

standard scale.’.

 

As Amendments to Secretary Theresa May’s proposed New Clause (Display of

 

licence) (NC1):—

 

Graham Jones

 

(c)

 

Parliamentary Star    

Line  7,  leave out ‘a copy’ and insert ‘details of’.

 

Graham Jones

 

(d)

 

Parliamentary Star    

Line  8,  at end insert ‘Such details shall be in a form prescribed by the local

 

authority.’.


 
 

Notices of Amendments: 7 November 2012                  

460

 

Scrap Metal Dealers Bill, continued

 
 

Mr Christopher Chope

 

(a)

 

Line  9,  after ‘who’, insert ‘knowingly’.

 

Mr Christopher Chope

 

(b)

 

Line  11,  at end add—

 

‘( )    

It shall be a defence to any offence under this section if a copy of the licence had

 

been displayed but had then been removed from display without the knowledge

 

or consent of the scrap metal dealer.’.

 


 

Records of dealings: disposal of metal

 

Secretary Theresa May

 

NC2

 

To move the following Clause:—

 

‘(1)    

This section applies if a scrap metal dealer disposes of any scrap metal in the

 

course of the dealer’s business.

 

(2)    

For these purposes metal is disposed of—

 

(a)    

whether or not it is in the same form in which it was received;

5

(b)    

whether or not the disposal is to another person;

 

(c)    

whether or not the metal is despatched from a site.

 

(3)    

Where the disposal is in the course of business under a site licence, the dealer

 

must record the following information—

 

(a)    

the description of the metal (including its type (or types if mixed), form

10

and weight);

 

(b)    

the date and time of its disposal;

 

(c)    

if the disposal is to another person, the full name and address of that

 

person;

 

(d)    

if the dealer receives payment for the metal (whether by way of sale or

15

exchange), the price or other consideration received.

 

(4)    

Where the disposal is in the course of business under a collector’s licence, the

 

dealer must record the following information—

 

(a)    

the date and time of the disposal;

 

(b)    

if the disposal is to another person, the full name and address of that

20

person.’.

 

As Amendments to Secretary Theresa May’s proposed New Clause (Records of

 

dealings: disposal of metal) (NC2):—

 

Mr Christopher Chope

 

(a)

 

Line  8,  after ‘record’, insert ‘and verify’.

 

Mr Christopher Chope

 

(b)

 

Line  12,  after ‘address’, insert ‘and date and place of birth’.


 
 

Notices of Amendments: 7 November 2012                  

461

 

Scrap Metal Dealers Bill, continued

 
 

Mr Christopher Chope

 

(c)

 

Line  19,  after ‘address’, insert ‘and date and place of birth’.

 


 

Purchase of scrap metal for cash

 

Mr Christopher Chope

 

NC3

 

To move the following Clause:—

 

‘(1)    

No person shall purchase scrap metal for cash.

 

(2)    

No person shall purchase scrap metal unless he has recorded the vendor’s identity

 

by noting the details of a valid UK photo card driving licence showing the

 

vendor’s registered address or the details of a UK passport together with the

 

passport holder’s name and current address as evidenced by a utility bill issued

 

within three months prior to the purchase.’.

 


 

Sale of scrap metal

 

Mr Christopher Chope

 

NC4

 

To move the following Clause:—

 

‘(1)    

No person shall sell or attempt to sell scrap metal other than to a scrap metal

 

dealer licensed under the provisions of this Act.

 

(2)    

No person aged under 21 shall sell or attempt to sell scrap metal.

 

(3)    

A person who sells or attempts to sell scrap metal in breach of subsection 1 or 2

 

above is guilty of an offence and is liable on summary conviction to a fine not

 

exceeding level 5 on the standard scale.’.

 


 

Fraudulent display of licence

 

Mr Christopher Chope

 

NC5

 

To move the following Clause:—

 

‘Any scrap metal dealer who displays a licence purporting to be a site licence or

 

a collector’s licence when the scrap metal dealer is not the holder of such a licence

 

shall be guilty of an offence and is liable on summary conviction to a fine not

 

exceeding level 4 on on the standard scale.’.

 



 
 

Notices of Amendments: 7 November 2012                  

462

 

Scrap Metal Dealers Bill, continued

 
 

Metal marked with smart water

 

Mr Christopher Chope

 

NC6

 

To move the following Clause:—

 

‘(1)    

A scrap metal dealer must not purchase scrap metal from a person without first

 

checking that the metal has not been marked with smart water.

 

(2)    

If a scrap metal dealer purchases scap metal in breach of subsection (1) he shall

 

be guilty of an offence and liable on summary conviction to a fine not exceeding

 

level 3 on the standard scale.’.

 


 

Expiry

 

Philip Davies

 

NC7

 

Parliamentary Star    

To move the following Clause:—

 

‘(1)    

This Act shall expire one year from the date on which it receives Royal Assent.

 

(2)    

Section 146 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012

 

(Offence of buying scrap metal for cash etc.) and amendments made by that

 

section to previous legislation shall expire on the same date.’.

 


 

Convictions under section 7 of the Theft Act 1968: minimum sentences

 

Philip Davies

 

NC8

 

Parliamentary Star    

To move the following Clause:—

 

‘(1)    

A person convicted of a second separate offence under section 7 of the Theft Act

 

1968 involving the theft of items from a place of worship shall on conviction on

 

indictment be liable to a minimum term of imprisonment of two years.

 

(2)    

A person convicted of a third separate offence under section 7 of the Theft Act

 

1968 involving the theft of items from a place of worship shall on conviction on

 

indictment be liable to a minimum term of imprisonment of three years.

 

(3)    

A person convicted of a second separate offence under section 7 of the Theft Act

 

1968 involving the theft of a war memorial shall on conviction on indictment be

 

liable to a minimum term of imprisonment of two years.

 

(4)    

A person convicted of a third separate offence under section 7 of the Theft Act

 

1968 involving the theft of a war memorial shall on conviction on indictment be

 

liable to a minimum term of imprisonment of three years.

 

(5)    

A person convicted of a second separate offence under section 7 of the Theft Act

 

1968 involving items that are used by emergency services or where a large

 

amount of disruption is caused to any person or body shall on conviction on

 

indictment be liable to a minimum term of imprisonment of two years.

 

(6)    

A person convicted of a third separate offence under section 7 of the Theft Act

 

1968 involving items that are used by emergency services or where a large


 
 

Notices of Amendments: 7 November 2012                  

463

 

Scrap Metal Dealers Bill, continued

 
 

amount of disruption is caused to any person or body shall on conviction on

 

indictment be liable to a minimum term of imprisonment of three years.’.

 


 

Convictions under section 7 of the Theft Act 1968: maximum sentences

 

Philip Davies

 

NC9

 

Parliamentary Star    

To move the following Clause:—

 

‘(1)    

A person convicted under section 7 of the Theft Act 1968 involving a war

 

memorial shall on conviction on indictment be liable to imprisonment for a term

 

not exceeding 15 years.

 

(2)    

A person convicted under section 7 of the Theft Act 1968 involving an item that

 

is used by emergency services or where a large amount of disruption is caused to

 

any person or body shall on conviction on indictment be liable to imprisonment

 

for a term not exceeding 15 years.

 

(3)    

A person convicted under section 7 of the Theft Act 1968 involving an item from

 

a place of worship shall on conviction on indictment be liable to imprisonment

 

for a term not exceeding 15 years.’.

 


 

Convictions under section 22 of the Theft Act 1968: minimum sentences

 

Philip Davies

 

NC10

 

Parliamentary Star    

To move the following Clause:—

 

‘(1)    

A person convicted of a second separate offence under section 22 of the Theft Act

 

1968 involving items stolen from a place of worship shall on conviction on

 

indictment be liable to a minimum term of imprisonment of two years.

 

(2)    

A person convicted of a third separate offence under section 22 of the Theft Act

 

1968 involving items stolen from a place of worship shall on conviction on

 

indictment be liable to a minimum term of imprisonment of three years.

 

(3)    

A person convicted of a second separate offence under section 22 of the Theft Act

 

1968 involving stolen war memorials shall on conviction on indictment be liable

 

to a minimum term of imprisonment of two years.

 

(4)    

A person convicted of a third separate offence under section 22 of the Theft Act

 

1968 involving stolen war memorials shall on conviction on indictment be liable

 

to a minimum term of imprisonment of three years.

 

(5)    

A person convicted of a second separate offence under section 22 of the Theft Act

 

1968 involving items that are used by emergency services or where a large

 

amount of disruption is caused to any person or body shall on conviction on

 

indictment be liable to a minimum term of imprisonment of two years.

 

(6)    

A person convicted of a third separate offence under section 22 of the Theft Act

 

1968 involving items that are used by emergency services or where a large


 
 

Notices of Amendments: 7 November 2012                  

464

 

Scrap Metal Dealers Bill, continued

 
 

amount of disruption is caused to any person or body shall on conviction on

 

indictment be liable to a minimum term of imprisonment of three years.’.

 


 

Convictions under section 22 of the Theft Act 1968: maximum sentences

 

Philip Davies

 

NC11

 

Parliamentary Star    

To move the following Clause:—

 

‘(1)    

A person convicted under section 22 of the Theft Act 1968 involving an item that

 

is used by emergency services or where a large amount of disruption is caused to

 

any person or body shall on conviction on indictment be liable to imprisonment

 

for a term not exceeding 15 years.

 

(2)    

A person convicted under section 22 of the Theft Act 1968 involving a war

 

memorial shall on conviction on indictment be liable to imprisonment for a term

 

not exceeding 15 years.

 

(3)    

A person convicted under section 22 of the Theft Act 1968 involving an item

 

from a place of worship shall on conviction on indictment be liable to

 

imprisonment for a term not exceeding 15 years.

 

(4)    

A person convicted under section 22 of the Theft Act 1968 involving an item that

 

is of value to a community or where a large amount of disruption is caused to any

 

person or body shall on conviction on indictment be liable to imprisonment for a

 

term not exceeding 15 years.’.

 


 

Possession of stolen goods

 

Philip Davies

 

NC12

 

Parliamentary Star    

To move the following Clause:—

 

‘(1)    

A person convicted of a second offence of possession of stolen goods involving

 

items that are used by emergency services or where a large amount of disruption

 

is caused to any person or body shall on conviction on indictment be liable to a

 

minimum term of imprisonment of two years.

 

(2)    

A person convicted of a third separate offence of possession of stolen goods

 

involving items that are used by emergency services or where a large amount of

 

disruption is caused to any person or body shall on conviction on indictment be

 

liable to a minimum term of imprisonment of three years.

 

(3)    

A person convicted of a second offence of possession of stolen goods involving

 

items stolen from a place of worship shall on conviction on indictment be liable

 

to a minimum term of imprisonment of two years.

 

(4)    

A person convicted of a third offence of possession of stolen goods involving

 

items stolen from a place of worship shall on conviction on indictment be liable

 

to a minimum term of imprisonment of three years.

 

(5)    

A person convicted of a second offence of possession of stolen goods involving

 

war memorials shall on conviction on indictment be liable to a minimum term of

 

imprisonment of two years.


 
 

Notices of Amendments: 7 November 2012                  

465

 

Scrap Metal Dealers Bill, continued

 
 

(6)    

A person convicted of a third separate offence of possession of stolen goods

 

involving war memorials shall on conviction on indictment be liable to a

 

minimum term of imprisonment of three years.

 

(7)    

A person is guilty of the offence of possession of stolen goods if (otherwise than

 

in the course of stealing) he knows or believes them to be stolen goods or does

 

not make the necessary inquiries to ensure they are not stolen goods. On

 

conviction on indictment anyone guilty of this offence will be liable to a term not

 

exceeding 14 years.’.

 


 

Other offences

 

Philip Davies

 

NC13

 

Parliamentary Star    

To move the following Clause:—

 

‘(1)    

A person is guilty of an offence of death by theft if as a direct consequence of their

 

theft someone is killed.

 

(2)    

A person who trespasses on any part of a railway or a place of worship and the

 

associated grounds, with the intention of stealing metal, will be guilty of the

 

offence of aggravated non-dwelling burglary.

 

(3)    

A person guilty of the offence of aggravated non-dwelling burglary shall on

 

conviction on indictment be liable to imprisonment for a term not exceeding 15

 

years.

 

(4)    

Where someone is found guilty of an offence involving metal the court must order

 

that compensation be paid to the victim/loser for the cost of replacing the metal

 

stolen in its original form and also the cost of any damage caused by the theft.’.

 


 

Amendment to the Bail Act 1976

 

Philip Davies

 

NC14

 

Parliamentary Star    

To move the following Clause:—

 

‘That Schedule 1 of the Bail Act 1976 be amended as follows—

 

(1)    

After paragraph 2A insert—

 

“(2B)    

The person need not be granted bail if the offence or offences in question

 

relate to the theft, handling or possession of stolen goods which—

 

(a)    

are used by emergency services or where a large amount of

 

disruption is caused to any person or body;

 

(b)    

involve items stolen from places of worship;

 

(c)    

involve a war memorial.

 

(2C)    

The person shall not be granted bail if the offence of offences in question

 

relate to a second or subsequent theft, handling or possession of stolen

 

goods which—


 
contents continue
 

© Parliamentary copyright
Revised 8 November 2012