The law relating to scrap metal dealers was quite easy and referred back to the Scrap Metal Dealers Act 1964.
Important changes have now taken place in the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO), plus we now have the Scrap Metal Dealers Act 2013. LASPO has introduced the ban on paying for scrap metal otherwise than by way of a non transferable cheque or electronic transfer of funds.
Important points to note include:
- This requirement applies to all scrap metal dealers whether or not they are registered with their Local Authority.
- A breach of the requirement can make the dealer, the person who makes the payment for the dealer, and the manager who fails to take reasonable steps to prevent payment in breach of the requirement guilty of an offence.
It may be worth remembering that the exemption for ‘itinerant collectors’ only applies if the collector is registered with their Local Authority and has an Order under Section 3(1) of the 1964 Act.
The 2013 Act is only in force as at March 2013 insofar as the Act gives the power for the making of Orders or Regulations. The purpose of this Act is to amend the law relating to scrap metal dealers and presumably the Government will want to introduce it as soon as Local Authorities have systems in place to enforce the Act.
Contact Dennis Clarke to look after your interests.