Last Modified February 14, 2013
The Scrap Metal Dealers' Act 1964 requires any individual or business dealing in scrap metal to be registered as a scrap metal dealer.
The Vehicles (Crime) Act 2001 and the Motor Salvage Operators Regulations 2003 provide a separate framework for the registration of motor salvage operators.
The Government announced in March 2012 that it will be proposing changes to the registration scheme for scrap metal dealers. Some significant amendments have been brought into effect from 3rd December 2012 by sections 145 and 146 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012. In addition, the Scrap Metal Dealers' Bill is currently before Parliament and, if enacted, would make significant changes to the regulatory regime.
Who needs to register?
The legislation requires anyone who carries on a business as a scrap metal dealer to be registered if:
a place in Hertsmere is occupied by them as a scrap metal store
if they do not have a scrap metal store, their usual place of residence is in Hertsmere
if they do not have a scrap metal store, but occupy a place in Hertsmere wholly or partly for the purposes of the business.
How can I apply?
Complete the free application form.
How long does registration last?
Registration lasts for three years and must be renewed on, or before, the expiry date if you wish to carry on as a scrap metal dealer.
Requirements to keep records
Scrap metal dealers are required to keep a book containing detailed records of all scrap metal received, processed or dispatched from any place occupied by them for the purposes of the scrap metal business.
The records must give the following information:
a description of the scrap metal and its weight
the date and time it was received
the full name and address of the person from whom it was received
the price payable for it or its value
if the scrap metal was delivered by vehicle, the registration number of that vehicle
the date the scrap metal was processed or dispatched
the full name and address of the person to whom the scrap metal was sold or exchanged and the price
if the scrap metal is disposed of otherwise than by sale or exchange, its value immediately before its disposal or processing.
Such record books must be kept for a minimum of two years after the last entry and any police officer has a right to inspect them at any reasonable time.
From 3rd December 2012, it is an offence to conduct scrap metal transactions in cash, unless the registered scrap metal deal is certified as being an itinerant dealer by us. The police may object to such certification and, in such circumstances, the matter would be determined by our Licensing Sub-Committee.
Will you inspect my premises?
An authorised council officer or police officer has the right to inspect registered premises, the records and any scrap metal stocks kept on the premises at any reasonable time.
We also have powers of entry to establish if the premises are being used as a scrap metal store.
Can I be fined?
There are penalties for failing to comply with the requirements of the act, such as failing to register, not keeping proper records and the payment of cash for scrap.
A copy of The Scrap Metal Dealers' Act 1964 and the Legal Aid, Sentencing and Punishment of Offenders Act 2012 can be inspected at our offices.
The guidance provided in these pages is on a "best endeavours" basis - if you intend to make a business or other critical decision on a licensing matter, you must seek your own independent legal advice. We cannot give you legal advice about your application.