Legal Aid, Sentencing and Punishment of Offenders Bill

Page 222, line 36, leave out “113” and insert “112”

Page 223, line 35, leave out “commencement date” and insert “day on which this Act is passed”

Leave out Clause 136

Page 121, line 41, at end insert “or if the building has been empty for twelve months or more”

Page 122, line 1, leave out paragraph (a)

Page 122, line 3, leave out paragraph (b) and insert—

“( ) a building is “residential” if it is designated as residential within planning use category C3 (dwellings, houses, flats, apartments) or C4 (houses of multiple occupation).”

Page 122, leave out lines 14 and 15 and insert—

“(7) Subsection (1)(a) applies only if the person entered the building as a trespasser after the commencement of the section.”

Insert the following new Clause—

“Scrap metal dealing: increase in penalties for existing offences

(1) The Scrap Metal Dealers Act 1964 is amended as follows.

(2) For the following words (which have effect as references to a fine not exceeding level 3 on the standard scale) substitute in each case “a fine not exceeding level 5 on the standard scale”—

(a) in section 1(7) (dealer failing to register) the words from “a fine” to the end;

(b) in section 2(6) (dealer failing to record dealings) the words from “a fine” to the end;

(c) in section 3(4) (itinerant collector failing to keep receipts) the words from “a fine” to the end;

(d) in section 4(4) (convicted dealer failing to meet additional requirements) the same words before “and the court”.

(3) For the following words (which have effect as references to a fine not exceeding level 1 on the standard scale) substitute in each case “a fine not exceeding level 3 on the standard scale”—

(a) in section 1(8) (dealer failing to give notice of cessation of business) the words from “a fine” to the end;

(b) in section 5(1) (dealer acquiring metal from a person under 16) the same words before the proviso;

(c) in section 5(2) (selling metal to a dealer under a false name or address) the words from “a fine” to the end;

(d) in section 6(5) (obstructing entry and inspection) the words from “a fine” to the end.”

Insert the following new Clause—

“Offence of buying scrap metal for cash etc

(1) The Scrap Metal Dealers Act 1964 is amended as follows.

(2) After section 3 insert—

“3A Offence of buying scrap metal for cash etc

(1) A scrap metal dealer must not pay for scrap metal except—

(a) by a cheque which under section 81A of the Bills of Exchange Act 1882 is not transferable, or

(b) by an electronic transfer of funds (authorised by credit or debit card or otherwise).

(2) The Secretary of State may by order amend subsection (1) to permit other methods of payment.

(3) In this section paying includes paying in kind (with goods or services).

(4) If a scrap metal dealer pays for scrap metal in breach of subsection (1), each of the following is guilty of an offence—

(a) the scrap metal dealer;

(b) a person who makes the payment acting for the dealer;

(c) a manager who fails to take reasonable steps to prevent the payment being made in breach of subsection (1).

(5) In subsection (4)(c) “manager” means a person who works in the carrying on of the dealer’s business as a scrap metal dealer in a capacity, whether paid or unpaid, which authorises the person to prevent the payment being made in breach of subsection (1).

(6) Subsection (1) does not apply if—

(a) the payment is made in the carrying on of the dealer’s business as a scrap metal dealer as part of the business of an itinerant collector, and

(b) at the time of the payment an order under section 3(1) is in force in relation to the dealer.

(7) A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(8) An order under subsection (2) is to be made by statutory instrument.

(9) A statutory instrument containing an order under subsection (2) may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.”

(3) Section 2 (records of dealings) is amended as follows.

(4) After subsection (2)(d) insert—

“(da) where paragraph (d) applies, any part of the price that is unpaid at the time when the entry is to be made;”.

(5) In subsection (2)(e) for “the last preceding paragraph” substitute “paragraph (d)”.

(6) After subsection (4) insert—

“(4A) If a scrap metal dealer pays at any time for scrap metal falling within subsection (1)(a)—

(a) the dealer must keep, with the book containing the entry relating to receipt of the scrap metal, a copy of the cheque (if the payment was by cheque), or any receipt identifying the transfer (if the payment was by electronic transfer and such a receipt was obtained), and

(b) the particulars required by this section to be entered include those listed in subsection (4B).

(4B) The particulars are—

(a) the full name and address of any person who makes the payment acting for the dealer;

(b) the full name and address of the person to whom the payment is made;

(c) in the case of an electronic transfer where no receipt identifying the transfer was obtained, particulars identifying the transfer.

(4C) Anything kept by virtue of subsection (4A)(a) must be marked so as to identify the scrap metal by reference to the entry relating to receipt of the metal.

(4D) An entry in pursuance of subsection (4A)(b)—

(a) must be made immediately after the payment is made, and

(b) if not made at the same time as the entry relating to receipt of the scrap metal, must identify the metal by reference to that entry.”

(7) In subsection (5), after “this section and” insert “the book and anything required by subsection (4A)(a) to be kept with it”.

(8) Section 3 (special provisions as to records in certain cases) is amended as follows.

(9) In subsection (5)(d), for “subsection (4)” substitute “subsections (4) and (4D)(a)”.

(10) In subsection (6)(a)—

(a) after “books” insert “, and the obligation imposed by subsection (4A)(a) of that section to keep anything with a book,”;

(b) after “the like particulars” insert “, and to keeping the same things,”;

(c) for “and (3)” substitute “, (3) and (4A) to (4D)”.

(11) In subsection (6)(c), for “subsection (4)” substitute “subsections (4) and (4D)(a)”.

(12) In section 4(1) (power for court to impose additional requirements on convicted dealers)—

(a) omit “or” at the end of paragraph (a), and

(b) after that paragraph insert—

“(aa) is convicted of an offence under section 3A, or”.

(13) Section 6 (rights of entry and inspection) is amended as follows.

(14) After subsection (3) insert—

“(3A) Whether or not a place is one to which a constable has a right of entry in accordance with subsection (1), a justice of the peace may issue a warrant described in subsection (3B) if satisfied by information on oath that there are reasonable grounds for believing that the place—

(a) is a scrap metal store where scrap metal paid for contrary to section 3A is or has been received or kept, or

(b) is a place to which admission is reasonably required in order to ascertain whether that section is being complied with.

(3B) The warrant is a warrant signed by the justice issuing it which specifies the place concerned and authorises a constable to enter the place, if need be by force, at any time within one month from the date of the warrant.

(3C) A constable authorised to enter a place by a warrant granted under subsection (3A) has a right—

(a) to inspect that place;

(b) to require production of, and to inspect, any scrap metal kept at that place;

(c) to require production of and to inspect any book which the dealer is required by this Act to keep at that place and any copy or receipt required to be kept with the book, or, as the case may be, any receipt which the dealer is required to keep as mentioned in section 3(1)(b), and to take copies of the book, copy or receipt;

(d) to require production of and to inspect any other record kept at that place relating to payment for scrap metal, and to take copies of the record.”

(15) In subsection (4) for “the last preceding subsection” substitute “subsection (3) or (3A)”.”

Insert the following new Clause—

“Review of offence of buying scrap metal for cash etc

(1) Before the end of 5 years beginning with the day on which section (Offence of buying scrap metal for cash etc)(2) comes into force, the Secretary of State must—

(a) carry out a review of the offence created by that subsection, and

(b) publish a report of the conclusions of the review.

(2) The report must in particular—

(a) set out the objectives intended to be achieved by creating the offence,

(b) assess the extent to which those objectives have been achieved, and

(c) assess whether it is appropriate to retain the offence to achieve those objectives.”

Page 123, line 35, leave out subsection (2) and insert—

“( ) The following provisions come into force on the day on which this Act is passed—

(a) section 113, and

(b) this Part.”

Page 124, line 2, at end insert—

“(6) An order under this section bringing into force section 136 shall not be made before the Secretary of State reports to Parliament with an assessment of the following costs—

(a) of police enforcement,

(b) to the courts and the Crown Prosecution Service,

(c) to the prison and rehabilitation service, and

(d) to local authority housing services.”

Line 12, after “squatting;” insert “to increase penalties for offences relating to scrap metal dealing and to create a new offence relating to payment for scrap metal;”