|
| |
|
(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 |
| 10 |
| |
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 |
| 15 |
(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 |
| |
| 20 |
(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— |
| 25 |
(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 |
| 30 |
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 |
| 35 |
as a scrap metal dealer as part of the business of an itinerant |
| |
| |
(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 |
| 40 |
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— |
| 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 |
| |
| |
(6) | After subsection (4) insert— |
| 10 |
“(4A) | If a scrap metal dealer pays at any time for scrap metal falling within |
| |
| |
(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 |
| 15 |
(if the payment was by electronic transfer and such a receipt |
| |
| |
(b) | the particulars required by this section to be entered include |
| |
those listed in subsection (4B). |
| |
(4B) | The particulars are— |
| 20 |
(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 |
| |
| |
(c) | in the case of an electronic transfer where no receipt identifying |
| 25 |
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 |
| |
| |
(4D) | An entry in pursuance of subsection (4A)(b)— |
| 30 |
(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 |
| |
| |
(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 |
| |
| |
(9) | In subsection (5)(d), for “subsection (4)” substitute “subsections (4) and |
| |
| 40 |
(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)”. |
| 45 |
|
| |
|
| |
|
(11) | In subsection (6)(c), for “subsection (4)” substitute “subsections (4) and |
| |
| |
(12) | In section 4(1) (power for court to impose additional requirements on |
| |
| |
(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 |
| 20 |
| |
(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 |
| |
(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 |
| 30 |
mentioned in section 3(1)(b), and to take copies of the book, |
| |
| |
(d) | to require production of and to inspect any other record kept at |
| |
that place relating to payment for scrap metal, and to take |
| |
| 35 |
(15) | In subsection (4) for “the last preceding subsection” substitute “subsection (3) |
| |
| |
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 |
| 45 |
|
| |
|
| |
|
(c) | assess whether it is appropriate to retain the offence to achieve those |
| |
| |
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) |
| |
| |
(5) | In subsection (10)(a) after sub-paragraph (i) omit “or” and insert— |
| |
“(ia) | the purpose of defence of property under the common |
| 15 |
| |
(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 |
| 20 |
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. |
| |
| |
| 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 |
| |
(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 |
| |
| 35 |
(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. |
| |
| 40 |
“Act” includes an Act or Measure of the National Assembly for Wales; |
| |
|
| |
|
| |
|
“legislation”, in relation to regulations made in relation to a provision of |
| |
| |
(a) | this Act or an Act passed before or in the same Session as this |
| |
| |
(b) | an instrument made under an Act before the provision comes |
| 5 |
| |
| |
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 |
| |
| 10 |
(b) | any increase attributable to this Act in the sums payable under any |
| |
other Act out of money so provided. |
| |
| |
(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 |
| |
(2) | The following provisions come into force on the day on which this Act is |
| |
| |
| |
| 20 |
| |
(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 |
| 25 |
(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. |
| |
| |
(1) | Parts 1 to 3 of this Act extend to England and Wales only, subject to subsections |
| 30 |
| |
(2) | Sections 131 and 132(1) extend to England and Wales and Scotland. |
| |
(3) | The following provisions extend to England and Wales and Northern |
| |
| |
| 35 |
| |
(c) | section 40 and Schedule 6, and |
| |
| |
(4) | In Chapter 8 of Part 3— |
| |
(a) | section 140 extends to England and Wales only, |
| 40 |
|
| |
|
| |
|
(b) | sections 141 and 142 extend to England and Wales, Scotland and |
| |
| |
(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), |
| |
| |
(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 |
| |
(b) | section 81(10) and (11), |
| |
(c) | section 136(4), (5) and (7), |
| |
| |
(e) | Part 4 of Schedule 7 and Part 3 of Schedule 8, and |
| 20 |
| |
(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, |
| 25 |
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 |
| |
| |
(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 |
| 35 |
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. |
| |
|
| |
|