You are not permitted to use a loud hailer during the course of your business.
Requirement for licence to carry on business as scrap metal dealer
(1) No person may carry on business as a scrap metal dealer unless authorised by a licence under this Act (a “scrap metal licence”).
(2) See section 21 for the meaning of “carry on business as a scrap metal dealer”.
(3) A person who carries on business as a scrap metal dealer in breach of subsection (1) is guilty of an offence and is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
Notification requirements
(1) An applicant for a scrap metal licence, or for the renewal or variation of a licence, must notify the authority to which the application was made of any changes which materially affect the accuracy of the information which the
applicant has provided in connection with the application.
(2) A licensee who is not carrying on business as a scrap metal dealer in the area of the authority which issued the licence must notify the authority of that fact.
(3) Notification under subsection (2) must be given within 28 days of the beginning of the period in which the licensee is not carrying on business in that area while licensed.
(4) If a licensee carries on business under a trading name, the licensee must notify the authority which issued the licence of any change to that name.
(5) Notification under subsection (4) must be given within 28 days of the change occurring.
(6) An authority must notify the relevant environment body of—
(a) any notification given to the authority under subsection (2) or (4),
(b) any variation made by the authority under paragraph 3 of Schedule 1 (variation of type of licence or matters set out in licence), and
(c) any revocation by the authority of a licence.
(7) Notification under subsection (6) must be given within 28 days of the notification, variation or revocation in question.
(8) Where an authority notifies the relevant environment body under subsection (6), the body must amend the register under section 7 accordingly.
(9) An applicant or licensee who fails to comply with this section is guilty of an offence and is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
10 Display of licence
(1) A scrap metal dealer who holds a site licence must display a copy of the licence at each site identified in the licence.
(2) The copy must be displayed in a prominent place in an area accessible to the public.
(3) A scrap metal dealer who holds a collector’s licence must display a copy of the licence on any vehicle that is being used in the course of the dealer’s business.
(4) The copy must be displayed in a manner which enables it easily to be read by a person outside the vehicle.
(5) A scrap metal dealer who fails to comply with this section is guilty of an offence and is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
11 Verification of supplier’s identity
(1) A scrap metal dealer must not receive scrap metal from a person without verifying the person’s full name and address.
(2) That verification must be by reference to documents, data or other information obtained from a reliable and independent source.
(3) The Secretary of State may prescribe in regulations—
(a) documents, data or other information which are sufficient for the purpose of subsection (2);
(b) documents, data or other information which are not sufficient for that purpose.
(4) If a scrap metal dealer receives scrap metal in breach of subsection (1), each of the following is guilty of an offence—
(a) the scrap metal dealer;
(b) if the metal is received at a site, the site manager;
(c) any person who, under arrangements made by a person within paragraph (a) or (b), has responsibility for verifying the name and address.
(5) It is a defence for a person within subsection (4)(a) or (b) who is charged with an offence under subsection (4) to prove that the person—
(a) made arrangements to ensure that the metal was not received in breach of subsection (1), and
(b) took all reasonable steps to ensure that those arrangements were complied with.
(6) A person guilty of an offence under subsection (4) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(7) A person who, on delivering scrap metal to a scrap metal dealer, gives a false name or false address is guilty of an offence and is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
12 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) if the payment is made at a site, the site manager;
(c) any person who makes the payment acting for the dealer.
(5) It is a defence for a person within subsection (4)(a) or (b) who is charged with an offence under this section to prove that the person—
(a) made arrangements to ensure that the payment was not made in breach of subsection (1), and
(b) took all reasonable steps to ensure that those arrangements were complied with.
(6) 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.
15 Records
(4) If a scrap metal dealer fails to fulfil a requirement under section 13 or 14 or this section, each of the following is guilty of an offence—
(a) the scrap metal dealer;
(b) if the metal is received at or (as the case may be) despatched from a site, the site manager;
(c) any person who, under arrangements made by a person within paragraph (a) or (b), has responsibility for fulfilling the requirement.
(5) It is a defence for a person within subsection (4)(a) or (b) who is charged with an offence under this section to prove that the person—
(a) made arrangements to ensure that the requirement was fulfilled, and
(b) took all reasonable steps to ensure that those arrangements were complied with.
(6) 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.
16 Right to enter and inspect
(13) A person who—
(a) obstructs the exercise of a right of entry or inspection under this section, or
(b) fails to produce a record required to be produced under this section, is guilty of an offence and is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
17 Offences by bodies corporate
(1)Where an offence under this Act is committed by a body corporate and is proved—
(a)to have been committed with the consent or connivance of a director, manager, secretary or other similar officer, or
(b)to be attributable to any neglect on the part of any such individual, the individual as well as the body corporate is guilty of the offence and is liable to be proceeded against and punished accordingly.
(2)Where the affairs of a body corporate are managed by its members, subsection (1) applies in relation to the acts and omissions of a member in connection with that management as if the member were a director of the body corporate.
Variation of licence
(2) If there is a change in any of the matters mentioned in section 2(4)(a), (c) or (d) or (6)(a), the licensee must make an application to vary the licence accordingly.
(5) A licensee who fails to comply with sub-paragraph (2) is guilty of an offence and is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
Offence of making false statement
5 An applicant who in an application or in response to a request under paragraph 4(1)—
(a) makes a statement knowing it be false in a material particular, or
(b) recklessly makes a statement which is false in a material particular, is guilty of an offence and is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
Enforcement of closure order
Sch2 9 (1) A person is guilty of an offence if the person, without reasonable excuse,—
(a) permits premises to be open in contravention of a closure order, or
(b) otherwise fails to comply with, or does an act in contravention of, a closure order
(5) A person who intentionally obstructs a constable or an authorised person in the exercise of powers under this paragraph is guilty of an offence.
(6) A person guilty of an offence under this paragraph is liable on summary conviction to a fine not exceeding level 5 on the standard scale.