Session 2010 - 12
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Legal Aid, Sentencing and Punishment of Offenders Bill


Legal Aid, Sentencing and Punishment of Offenders Bill
Part 3 — Sentencing and Punishment of Offenders
Chapter 9 — Offences

133

 

(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;

5

(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

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fine” to the end.

147     

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

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(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).

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(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—

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(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

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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

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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

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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.

 
 

Legal Aid, Sentencing and Punishment of Offenders Bill
Part 3 — Sentencing and Punishment of Offenders
Chapter 9 — Offences

134

 

(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—

5

“(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—

10

“(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

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(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—

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(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

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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)—

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(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

35

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)”.

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(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)”.

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Legal Aid, Sentencing and Punishment of Offenders Bill
Part 3 — Sentencing and Punishment of Offenders
Chapter 9 — Offences

135

 

(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

5

(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

10

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

15

(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

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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

25

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

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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.”

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(15)   

In subsection (4) for “the last preceding subsection” substitute “subsection (3)

or (3A)”.

148     

Review of offence of buying scrap metal for cash etc

(1)   

Before the end of 5 years beginning with the day on which section 147(2) comes

into force, the Secretary of State must—

40

(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

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Legal Aid, Sentencing and Punishment of Offenders Bill
Part 4 — Final provisions

136

 

(c)   

assess whether it is appropriate to retain the offence to achieve those

objectives.

149     

Reasonable force for the purposes of self-defence etc

(1)   

Section 76 of the Criminal Justice and Immigration Act 2008 (reasonable force

for the purposes of self-defence etc) is amended as follows.

5

(2)   

In subsection (2) after paragraph (a) omit “and” and insert—

“(aa)   

the common law defence of defence of property; and”.

(3)   

After subsection (6) insert—

“(6A)   

In deciding the question mentioned in subsection (3), a possibility that

D could have retreated is to be considered (so far as relevant) as a factor

10

to be taken into account, rather than as giving rise to a duty to retreat.”

(4)   

In subsection (8) for “Subsection (7) is” substitute “Subsections (6A) and (7)

are”.

(5)   

In subsection (10)(a) after sub-paragraph (i) omit “or” and insert—

“(ia)   

the purpose of defence of property under the common

15

law, or”.

(6)   

Paragraph 27 of Schedule 27 to the Criminal Justice and Immigration Act 2008

(which provides for section 76 of that Act to apply whenever the alleged

offence took place, but not in relation to certain proceedings if they began, or

the arraignment took place, before that section comes into force) applies to any

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amendment made by this section to section 76 of that Act as it applies to that

section, but as if references to the date on which that section comes into force

were references to the date on which the amendment comes into force.

Part 4

Final provisions

25

150     

Power to make consequential and supplementary provision etc

(1)   

The Lord Chancellor or the Secretary of State may by regulations make

consequential, supplementary, incidental, transitional, transitory or saving

provision in relation to any provision of this Act.

(2)   

The regulations may, in particular amend, repeal, revoke or otherwise modify

30

legislation.

(3)   

Regulations under this section are to be made by statutory instrument.

(4)   

A statutory instrument containing regulations under this section is subject to

annulment in pursuance of a resolution of either House of Parliament, subject

to subsection (5).

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(5)   

A statutory instrument containing regulations under this section that amend or

repeal an Act (whether alone or with other provision) may not be made unless

a draft of the instrument has been laid before, and approved by a resolution of,

each House of Parliament.

(6)   

In this section—

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“Act” includes an Act or Measure of the National Assembly for Wales;

 
 

Legal Aid, Sentencing and Punishment of Offenders Bill
Part 4 — Final provisions

137

 

“legislation”, in relation to regulations made in relation to a provision of

this Act, means—

(a)   

this Act or an Act passed before or in the same Session as this

Act, or

(b)   

an instrument made under an Act before the provision comes

5

into force.

151     

Financial provision

There is to be paid out of money provided by Parliament—

(a)   

any expenditure incurred by a Minister of the Crown by virtue of this

Act, and

10

(b)   

any increase attributable to this Act in the sums payable under any

other Act out of money so provided.

152     

Commencement

(1)   

The provisions of this Act come into force on such day as the Lord Chancellor

or the Secretary of State may appoint by order, subject to subsections (2) and

15

(3).

(2)   

The following provisions come into force on the day on which this Act is

passed—

(a)   

section 78,

(b)   

section 120, and

20

(c)   

this Part.

(3)   

This section does not apply to section 77 (but see section 78).

(4)   

An order under this section is to be made by statutory instrument.

(5)   

An order under this section may—

(a)   

appoint different days for different purposes, and

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(b)   

make transitional, transitory or saving provision.

(6)   

An order under this section bringing into force section 134, 135, 137, 138 or 139

may appoint different days for different areas.

153     

Extent

(1)   

Parts 1 to 3 of this Act extend to England and Wales only, subject to subsections

30

(2) to (8).

(2)   

Sections 131 and 132(1) extend to England and Wales and Scotland.

(3)   

The following provisions extend to England and Wales and Northern

Ireland—

(a)   

section 22,

35

(b)   

section 33,

(c)   

section 40 and Schedule 6, and

(d)   

sections 41 to 43.

(4)   

In Chapter 8 of Part 3—

(a)   

section 140 extends to England and Wales only,

40

 
 

Legal Aid, Sentencing and Punishment of Offenders Bill
Part 4 — Final provisions

138

 

(b)   

sections 141 and 142 extend to England and Wales, Scotland and

Northern Ireland,

(c)   

paragraphs 1 to 11 of Schedule 25 extend to England and Wales only,

(d)   

paragraphs 12 to 17 of that Schedule extend to Scotland only, and

(e)   

Part 2 of that Schedule extends to England and Wales only.

5

(5)   

An amendment, repeal or revocation made by this Act has the same extent as

the relevant part of the Act or instrument amended, repealed or revoked

(ignoring extent by virtue of an Order in Council), subject to subsections (2),

(4), (6) and (7).

(6)   

Subsection (5) applies to section 149(1) to (5) only so far as the provisions

10

amended extend to England and Wales or apply in relation to service offences.

(7)   

Subsection (5) does not apply to paragraphs 15 and 18 of Schedule 7, which

extend to England and Wales only.

(8)   

The following have the same extent as the amendments, modifications,

enactments, instruments or provisions to which they relate—

15

(a)   

section 69(7),

(b)   

section 81(10) and (11),

(c)   

section 136(4), (5) and (7),

(d)   

section 149(6),

(e)   

Part 4 of Schedule 7 and Part 3 of Schedule 8, and

20

(f)   

Schedule 15.

(9)   

Sections 150, 151, 152, this section and section 155 extend to England and

Wales, Scotland and Northern Ireland.

(10)   

But, in so far as sections 150 and 152 confer power to make provision

modifying or otherwise relating to a provision of, or made under or applied by,

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the Armed Forces Act 2006, they have the same extent as that Act (ignoring

extent by virtue of an Order in Council).

154     

Channel Islands, Isle of Man and British overseas territories

(1)   

The power conferred by section 9(4) of the Repatriation of Prisoners Act 1984

(power to extend to Channel Islands, Isle of Man and British overseas

30

territories) is exercisable in relation to any amendment of that Act that is made

by or under this Act.

(2)   

The powers conferred by sections 177, 178 and 222 of the Extradition Act 2003

(powers to apply provisions to extradition to or from British overseas

territories and to extend to Channel Islands and Isle of Man) are exercisable in

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relation to any amendment of that Act that is made by or under this Act.

(3)   

The power conferred by section 338 of the Criminal Justice Act 2003 (power to

extend to Channel Islands and Isle of Man) is exercisable in relation to any

amendment of that Act that is made by or under this Act.

(4)   

In section 384 of the Armed Forces Act 2006 (extent to Channel Islands, Isle of

40

Man and British overseas territories) references to that Act include that Act as

amended by or under this Act.

 
 

 
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