House of Commons Amendments

Session 2012 - 13
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Other Bills before Parliament

485

House of Commons

Friday 9 November 2012

Consideration of Bill

Scrap Metal Dealers Bill, As Amended

New Clauses

Display of licence

Secretary Theresa May

Richard Ottaway

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)

Line  5,  leave out ‘a copy’ and insert ‘details of’.

Graham Jones

(d)

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

authority.’.

Mr Christopher Chope

(a)

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

Consideration of Bill: 9 November 2012
486

Scrap Metal Dealers Bill, continued

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

Richard Ottaway

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’.

Consideration of Bill: 9 November 2012
487

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.’.

Consideration of Bill: 9 November 2012
488

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

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

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

Consideration of Bill: 9 November 2012
489

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

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

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

Consideration of Bill: 9 November 2012
490

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

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

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.

Consideration of Bill: 9 November 2012
491

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

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

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—



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