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Keeping of records etc. |
| Keeping of records. |
7. - (1) The Secretary of State may by regulations provide for the keeping of records by registered persons.
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(2) In subsection (1) "registered" includes formerly registered.
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(3) Regulations under this section may specify provisions of the regulations as provisions to which subsection (4) applies.
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(4) A person who contravenes any provision to which this subsection applies shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.
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| Notification of destruction of motor vehicles. |
8. - (1) The Secretary of State may by regulations provide for the notification by registered persons of the destruction of motor vehicles.
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(2) Regulations under this section may specify provisions of the regulations as provisions to which subsection (3) applies.
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(3) A person who contravenes any provision to which this subsection applies shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
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Supplementary provisions and offences |
| Rights to enter and inspect premises. |
9. - (1) A constable may at any reasonable time enter and inspect premises for the time being entered in the register of a local authority as premises which are-
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(a) occupied as a motor salvage yard by a person carrying on business as a motor salvage operator; or |
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(b) occupied by a person carrying on business as a motor salvage operator wholly or partly for the purposes of his business so far as it consists of any of the activities mentioned in section 1(2). |
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(2) A constable may at any reasonable time-
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(a) require production of, and inspect, any motor vehicles or salvageable parts kept at premises falling within subsection (1); and |
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(b) require production of, inspect and take copies of or extracts from any records which the person carrying on business as a motor salvage operator is required to keep at such premises by virtue of this Part. |
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(3) Subsection (4) applies where, on an application made by a constable, a justice of the peace is satisfied that admission to premises specified in the application is reasonably required in order to secure compliance with the provisions of this Part, or to ascertain whether those provisions are being complied with.
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(4) The justice may issue a warrant authorising a constable to enter and inspect the premises concerned.
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(5) A constable-
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(a) shall not be entitled to use force to enter premises in the exercise of his powers under subsection (1); but |
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(b) may if necessary use reasonable force in the exercise of his powers under a warrant issued under subsection (4). |
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(6) A constable, in seeking to enter any premises in the exercise of his powers under subsection (1), shall, if required by or on behalf of the owner or occupier or person in charge of the premises, produce evidence of his identity, and of his authority for entering, before doing so.
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| Notification requirements. |
10. - (1) A person applying to be registered in the register of a local authority or to renew his registration in such a register shall give notice to the local authority of any changes affecting the accuracy of the information which he has provided in connection with his application.
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(2) A person who is registered in the register of a local authority shall give notice to the local authority of any changes affecting his entry in the register within 28 days of the changes occurring; and the local authority shall amend the register accordingly.
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(3) A person who is registered in the register of a local authority and is not carrying on business as a motor salvage operator in the area of the local authority shall give notice to the local authority concerned of that fact within 28 days of the beginning of the period in which he is not carrying on business in that area while registered.
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(4) A person who fails to give notice to a local authority in accordance with subsection (1), (2) or (3) shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
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(5) In proceedings for an offence under subsection (4) it shall be a defence for the accused to show that he took all reasonable steps and exercised all due diligence to avoid committing the offence.
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| Offence of giving false particulars on sale for salvage. |
11. Any person who, on selling a motor vehicle to a person who is in the course of carrying on business as a motor salvage operator so far as it consists of any of the activities mentioned in section 1(2), gives that person a false name or address shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
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General |
| Application of "fit and proper" test to companies etc. |
12. - (1) For the purposes of section 3(3) or 4(1) a local authority shall be satisfied that a company is not a fit and proper person to carry on business as a motor salvage operator if they are satisfied that any director of the company is not a fit and proper person to carry on such a business; and section 3(4) and 4(2) shall be construed accordingly.
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(2) For the purposes of section 3(3) or 4(1) a local authority shall be satisfied that a limited liability partnership is not a fit and proper person to carry on business as a motor salvage operator if they are satisfied that any member of the partnership is not a fit and proper person to carry on such a business; and section 3(4) and 4(2) shall be construed accordingly.
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