Scrap Metal Dealers Act 2013 - Storage.googleapis
Scrap Metal Dealers Act 2013Compliance and enforcement guide
IntroductionThis guide sets out the new enforcementpowers and tools that will be available tocouncils, and in some instances the police,1under the new Scrap Metal Dealers Act 2013 .It forms part of a set of guides to help councilsunderstand their responsibilities under the newAct, and it is important to remember that the Actis not the only way in which you can take actionto support responsible businesses and preventcrime.2The other guides are: ‘Applications guide’: An explanatory note onhow the new applications process will workand be managed ‘Fees guide’: A guide that assists with thesetting of licence fees that comply with therequirements of the EU Services Directiveand the Provision of Services Regulations2009 ‘Getting in on the Act’: A short outline of thenew Act and how it differs from the 1964 Act ‘Councillor handbook’: A guide to helpcouncillors to understand their role andresponsibilities in tackling instances of metaltheft ‘Tackling metal theft toolkit’: A toolkit thatoutlines additional strategies and tools thatgo beyond the limitations of the 2013 Actand can be used more broadly to tackleinstances of metal theft.122See tsfor the Act itselfAll guides are available on the Tackling metal theftKnowledge Hub https://knowledgehub.local.gov.uk/and http://www.local.gov.uk/publicationsScrap Metal Dealers Act 2013Should you have any questions, please contacteither Mark Norris (mark.norris@local.gov.uk) orIan Leete (ian.leete@local.gov.uk) at the LGA.Principles of enforcementOne person’s regulation or red tape isanother’s protection and councils will need tostrike a balance in their approach. The LGA’s3‘Vision for local regulation’ and the ‘Regulators4Code’ set out the standards that all goodregulators are expected to meet.Theft of scrap metal has been consistentlyrecognised as an issue of nationalimportance and there is strong support for arigorous enforcement regime to discourageopportunistic thieves, organised crime andillegal practices.In doing so, regulators must recognise thatlegitimate and responsible dealers make asignificant contribution to the UK economy– over 11 billion in 2011. The scrap metalindustry is itself often a victim of crime and,through membership associations such as theBritish Metals Recycling Association (BMRA),expressed strong support for the new Act anda tough enforcement regime. The industrymay therefore be an important source ofintelligence about illegal or improper activities.Where dealers are found to not comply withthe Act, and it is unlikely that it is a deliberateattempt to circumvent the law, regulatorsshould aim to provide advice and guidance tohelp them comply in the first www.bis.gov.uk/brdo/
Planning enforcementactivityThe new Act provides increased scope for jointenforcement operations between councils,the police, the Environment Agency, NaturalResource Wales, and even making use ofthe utility companies’ own liaison work withmetal dealers. Effective enforcement will relyon effective networks and sharing of bothintelligence and resources.Councils may also wish to conduct awarenesscampaigns with householders and localbusinesses to make them aware that anydealer offering to pay with cash is actingillegally. This should be placed in the contextof reducing incidences of metal theft. It isimportant to remember that the cost of thisactivity cannot be recovered though fees.Any inspections should be intelligence-led andrisk based. It may be appropriate to conducta greater number of inspections or visits inthe first year of a licence to ensure that thenewly licensed business understands itsobligations and is delivering on them. However,this necessity should decrease over the threeyear period of the licence and considerationshould be given to reducing the frequency ofinspections, or achieving the objective throughother means. Any fees set for the licenceshould reflect this.It will be worth checking the EnvironmentAgency/Natural Resources Wales publicregisters as a matter of course to see if theyhave taken any relevant enforcement action.This should be done by searching through the5Environment Agency public registers.The only way to check for any on-goingenforcement action is by contactingEnvironment Agency/Natural Resources Walesofficers directly. However, councils should5The EA/NRW have made available a guide to engagingwith them, which is located on the Tackling metal theftKnowledge Hub.do this only where they have good reason tosuspect this may be happening and routinescrap metal queries should go through theregular help desks.For specific enforcement enquiries or to sharelocal intelligence, both agencies have madeavailable dedicated email addresses forcouncils to contact them. English authoritiescan contact the Environment Agency v.uk and Welsh authorities can contactNatural Resources Wales through NRWIntel@wales.gsi.gov.uk (intelligence) or enquiries@naturalresourceswales.gov.uk (enforcement)You may also wish to liaise with council healthand safety inspectors and/or check the Healthand Safety Executive’s online register of6prosecutions before conducting an inspection.Health and safety offences will not ordinarilybe relevant when assessing an applicationfor a scrap metal dealer, and will not havebeen checked unless there was a specific7cause for concernh , so enforcement visitsoffer an opportunity to also check against thisimportant issue.The British Transport Police continue to leadon tackling metal theft across the country,but most forces now operate either OperationTornado or a local equivalent and councilofficers will wish to develop close links withtheir frontline officers.ResponsibilitiesAs with any licensing or regulatory system, itis first and foremost the responsibility of thebusiness to ensure that they comply with thelegislation; and the role of the enforcementagencies is to ensure that they are doing so,either through the provision of advice andimprovement support or ultimately throughfines and legal s.htmIt will not be necessary to routinely check with the HSE formost applications for a scrap metal dealer’s licence.Scrap Metal Dealers Act 20133
Scrap metal dealerresponsibilitiesDisplaying the licence – s10For sites, the licence holder must: display a copy of the licence at each sitecovered by the licence display the licence or copy of the licence ina prominent place that is accessible by thepublic.There is no specific requirement for sitelicensees to display a copy of a licence in theirvehicles engaged in transporting scrap metalto and from their sites, but voluntarily carryingit will reduce the interruption to business ifthey are stopped under suspicion of being anunlicensed mobile collector. The British MetalRecycling Association (BMRA) will be advisingits members to follow this approach. Not all sitelicences are suitable for display in a vehicle, socarrying is deemed an acceptable approach,rather than the display required of a collector’slicence.For mobile collectors, the licence holder must: display a copy of the licence on any vehiclethat is being used in the course of thedealer’s business display the licence or copy of the licence ina way that enables it to be easily read fromoutside of the vehicle.Failure to comply with any of these conditionsis an offence and will be fined an amount not8exceeding level 3 of the standard scale.It is important to note that the legislationspecifically allows for the display of a copy ofa licence and does not require the original tobe available. The LGA has developed templatelicences which are available at the end of thisguide. Councils may also choose to developtheir own form of licence that meets therequirements of the Act.84 1000 in July 2013 http://tinyurl.com/standard-scale-of-finesScrap Metal Dealers Act 2013This guide sets out the new enforcementpowers and tools that will be available tocouncils, and in some instances the police,under the new Scrap Metal Dealers Act 2013.It forms part of a set of guides to help councilsunderstand their responsibilities under the newAct, and it is important to remember that the Actis not the only way in which you can take actionto support responsible businesses and preventcrime.Duty on licence holder to verifysupplier’s identity – s11Verification of the identity of the person sellingthe metal is a fundamental part of the ScrapMetal Dealers Act 2013. It provides the majordeterrent against opportunistic metal theft andit is therefore crucial that elements relatingto this and recording the metal received arerigorously and robustly enforced. If you do nothave existing enforcement notices, then Forest9of Dean Council has shared its enforcementnotices with councils and they can be usedwhere the recording standards are found to beinsufficient to ensure traceability.The Home Office published guidance on thetypes of document that can be accepted to10prove name and address.One of the following documents will beacceptable on its own if it includes the person’sfull name, photograph and residential address: a valid United Kingdom passport, within themeaning of section 33(1) of the ImmigrationAct 1971(1); or a valid passport issued by an EEA state; or a valid Great Britain or Northern Irelandphoto-card driving licence; or a valid UK biometric immigration document,issued in accordance with regulations madeunder section 5 of the UK Borders Act 2007.9See LGA Tackling Metal Theft Toolkit http://tinyurl.com/metaltheft-toolkit10 The Scrap Metal Dealers Act 2013 (PrescribedDocuments and Information for Verification of Name andAddress) Regulations 2013 duction/made
If the above does not include all of theperson’s full name, photograph andresidential address, then one of the followingwill also be required: a bank or building society statement, or a credit or debit card statement, or a council tax demand letter or statement, or a utility bill, but not a mobile telephone bill.The date on which the document in questionwas issued must not be more than threemonths before the date when the scrap metal isreceived by the scrap metal dealer.For repeat suppliers, a scrap metal dealercan verify the name and address by referringto a copy of the document(s) retained in theirrecords which were used to verify name and11address before the first transaction.Verifying the supplier’s identity becomes morecomplex when this is part of a contractualagreement with another company. The identityof the delivery driver must be verified in thecase of any delivery, whether by the owner ofthe scrap, by the supplier’s own driver, or by ahaulage contractor on behalf of the supplier.However, where a scrap metal dealer collectsmaterial, such as a skip sited at a factory orother site, from a supplier under contract, thenthe scrap metal dealer’s driver can pick upthe skip without obtaining identification. This isbecause appropriate due diligence will havehad to be carried out as part of the contractualarrangement.In the case of deferred payment account terms,whether for a company or an individual, it will beappropriate for those full checks to be carriedout once and kept on record, with a check ofthe driver’s photocard driving licence beingsufficient on subsequent deliveries.A scrap metal dealer does not need to checkand copy identification of his own drivers whohave collected metal and brought it into hisown yard. A scrap metal dealer may also verifythe name and address of repeat suppliers byreferring to a copy of the document(s) retainedin their records which were used to verify nameand address before the first transaction.It is an offence for a dealer not to obtain andverify the supplier’s identity, and also an offencefor the supplier to give a false name or address.Ban on cash transactions – s12There are no circumstances where cash may bepaid for scrap metal (but see below for secondhand cars) since the commencement of theScrap Metal Dealers Act 2013. There was anexemption for s3(1) registered itinerant traders,now referred to as ‘mobile collectors’, underthe Legal Aid, Sentencing and Punishmentof Offenders Act but this ended with thecommencement of the Scrap Metal Dealers Act2013.The LGA and Home Office are aware ofinstances where scrap metal dealers haveregistered as a Money Service Businesses andthen cashed the cheques they have just issued.The requirements to run a cheque cashingbusiness are quite stringent and this providesthe level of traceability of the transactions thatare needed to make it easier for the police totrack down criminals.If the dealer is in breach of the requirementsaround cheque cashing then they couldbe prosecuted for money laundering byHM Revenue & Customs (HMRC). Theseprosecutions are highly costly and should be adeterrent to most businesses. Councils shouldcall the customs hotline on 0800 595 000 toreport misuse of these facilities11 Para 12.2 in the Home Office Supplementary Guidance (Nonstatutory) tal-dealers-act-2013-supplementary-guidanceScrap Metal Dealers Act 20135
Council civic amenity sitesPaying cash for second hand carsHowever, enforcing officers should ensure thatthere is no informal buying and selling of scrapmetal by staff manning the sites. Any sellingof this nature could constitute operating as ascrap metal dealer without a licence. This illegalactivity could result in the local authority chiefexecutive being liable for a fine up to level 5 onthe standard scale.The Home Office has issued guidance on12buying vehicles for cash . Whether a vehiclewill be considered to be scrap, and may nottherefore be bought with cash, depends on allthe circumstances of the case and may notalways be clear-cut.Council civic amenity sites, whether deliveredin house or contracted out, are exempt fromrequiring a licence as the selling of scrapmetal is incidental to their legal requirement tooffer recycling facilities and comprises a smallproportion of income in comparison to overallbudgets.We recommend that enforcing officers ensurethat colleagues in environmental waste teamsare fully aware of their obligations under the Actand incorporate this clearly into the training andinduction of staff members.The second hand market for cars is a thrivingone and it is one based primarily on cash. Thenew Act does not intend to stifle or restrict thismarket, but it is clear that there is potential forconfusion where a car is sold for scrap, but issubsequently found to be repairable and soldas second hand; or where bought ostensibly asa second-hand vehicle, but actually dealt withand sold on as scrap.If a certificate of destruction is issued, the caris considered to be scrap and a buyer must notpay cash for it. If a certificate of destruction isnot issued, then it will depend on a number ofother factors.12 http://tinyurl.com/car4cash6Scrap Metal Dealers Act 2013
For example, it may be argued that a car witha valid MOT certificate and that is driveablewithout repair is not scrap, and may thereforebe purchased with cash, regardless of the wayin which the vehicle is subsequently handled bythe buyer.It is not possible to set out a precise checklistthat can in every case guarantee to predict thedecision a court may make, if illegal paymentof cash for scrap metal is alleged. However,there needs to be a genuine potential for repairand re-sale in order for cash to be used. Cashcannot simply be paid for everything on thebasis a buyer might repair and resell it if theyhave no facilities for repairing vehicles and nohistory of selling vehicles.The flowchart below should assist in decidingwhether it may be permissible to pay cash.Potential buyers should be warned that, if theyelect to pay cash for an un-driveable vehiclethat has no valid MOT certificate, they may haveto justify their assessment of the car’s inability tobe repaired in court.Record of metal received and disposedof – s13 s14The 1964 Act required a log book to bekept of all transactions, but the poor level ofdescription often made it impossible to identifyor track the item. The requirements haveaccordingly been clarified in the new Act andit is important that enforcing agencies paycareful attention to inspecting records andensuring they are up to standard. Where this isnot the case, advice should be given to assistthe dealer to comply with the law.constitutes a reasonable level of detail,bearing in mind that this may be challenged.The key consideration is whether there is intentto obscure the type of metal being processed.The dealer must record the followinginformation on receipt of the metal: the description of the metal, including itstype (or types if mixed), form, condition,weight and any marks identifying previousowners or other distinguishing features the date and time of its receipt if the metal is delivered in or on a vehicle,the registration mark (within the meaningof section 23 of the Vehicle Excise andRegistration Act 1994) of the vehicle if the metal is received from a person, thefull name and address of that person if the dealer pays for the metal, the full nameof the person who makes the paymentacting for the dealer.If the dealer receives the metal from a personrather than a company, the dealer must keep acopy of any document which the dealer usesto verify the name or address of that person.If dealers wish to sell any of this informationon to third parties or use it to conduct creditchecks, they must be registered with theInformation Commissioner’s Office underthe Data Protection Act. They must also beregistered if they are running a CCTV system.If they are not registered then this could beconsidered as part of the council’s ‘suitableperson’ deliberations when issuing or renewinga licence. A clear description Brass pump withAnchor Ltd’ stamp, and approx 10m bluecopper cable.If the dealer pays for the metal by cheque, thedealer must keep a copy of the cheque.X A poor description Heavy brass and cable.If the dealer pays for the metal by electronictransfer, the dealer must:It must be remembered that this requirementis intended to be proportionate and that it maynot be possible to go into the same level ofdetail for large deliveries. In such instances,the officer must use their judgement on what keep the receipt identifying the transfer, or the particulars identifying the transfer, if noreceipt was obtained.Scrap Metal Dealers Act 20137
All records must be marked to connect themwith the piece of metal to which they relate,and must be retained for a minimum of threeyears, beginning with the day on which themetal is received or (as the case may be)disposed of. Failure to do so is an offence andmay receive a fine not exceeding level 5 on thestandard scale.It should be noted that in a busy yard it will notbe possible to pick up a piece of scrap in ayard and positively link it to a specific line itemin the records, nor indeed to check a line in therecords and walk out to pick up that precisepiece of metal. What is important is thatthere is traceability for the item and that thedescription is sufficient to enable this.There is a particular challenge for motorsalvage operators who will be recoveringuseable parts from scrap cars. This canpotentially lead to large amounts of received‘scrap metal’ effectively disappearing from therecord, which could leave the operator open toallegations of disposing of metal unlawfully.To insure against these allegations, and toavoid instances of deliberate fraud, we advisethat: A motor salvage operator records the detailsof the end of life vehicle when it’s receivedin line with section 13 of the Act. A motor salvage operator records theparts of the end of life vehicle that will bescrapped in line with section 14 of the Act.At the sam
Scrap Metal Dealers Act 2013 Compliance and enforcement guide. 2 Scrap Metal Dealers Act 2013 This guide sets out the new enforcement powers and tools that will be available to councils, and in some instances the police, . Theft of scrap metal has been consistently
1.1 Scrap metal dealers can apply for a scrap metal dealer‟s licence from 1 October 2013. 1.2 If a person is a scrap metal dealer and was registered under the Scrap Metal Dealers Act 1964 or Vehicles (Crime) Act 2001 (as a motor salvage operator) they need to submit an application on or before 15 October 2013 and they will be deemed to have a
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The Scrap Metal Dealers Act 2013 received Royal Assent on 28 February 2013 and its measures came into effect fully on 01 December 2013. The Act was introduced in response to the growth in metal theft offences, driven by increased commodity costs, which in addition to the direct impact on the victims of theft have also had a
issue the new scrap metal dealers licences in time for enforcement of the licensing regime from 1 December. It forms part of a set of guides to help councils understand their responsibilities under the new Act, and the role councils have in tackling metal theft. The other guides are: Enforcement guide: An explanatory guide to enforcing the new
Applicant POWER METAL RECYCLERS (PTY) LTD 011 824 3430 . 60/69 STEEL SCRAP “202” 989 000 KG 60/70 STEEL SCRAP . 60/82 STEEL SCRAP “201-206 ” 1 900 000KG STAINLESS STEEL SCRAP METALS Applicant AFRO INDIA RECYCLERS
Submissions are sought on the operation of Scrap Metal Industry Actthe 2016 and consequently the Scrap Metal Industry 2016 as part of the Regulation statutory review of the Act. The discussion paper is a guide to the purpose and sections of the Act and asks specific questions about the current provisions.
Scrap enters the rotary kiln through an airlock. The combination of kiln rotation and internal baffles disperses the scrap throughout the kiln volume. Scrap residence time is a few minutes. At 1500 F, gases enter the center tube. flo,\;' parallel to the scrap, then reverse direction
Ang Araling Panlipunan ay pag-aaral ng mga tao at grupo, komunidad at lipunan, kung paano sila namuhay at namumuhay, ang kanilang ugnayan at interaksyon sa kapaligiran at sa isa’t isa, ang kanilang mga paniniwala at kultura, upang makabuo ng pagkakakilanlan bilang Pilipino, tao at miyembro ng lipunan at mundo at maunawaan ang sariling lipunan at ang daigidig, gamit ang mga kasanayan sa .
