Legal Aid, Sentencing and Punishment of Offenders Bill

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
10
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
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
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
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.

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
15
(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
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
the metal.
(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
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
30
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.”
35
(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
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.
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).
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.
(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
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.
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,
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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,
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
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
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.