Scrap Metal Dealers Act 1964 (repealed)

2 Records of dealings.E+W

(1)Subject to the provisions of this and the next following section, every scrap metal dealer shall, at each place occupied by him as a scrap metal store, keep a book for the purposes of this section, and shall enter in the book the particulars required by this section with respect to—

(a)all scrap metal received at that place, and

(b)all scrap metal either processed at, or despatched from, that place:

Provided that at any such place a scrap metal dealer may at his option keep two books for the purposes of this section, one for recording the said particulars with respect to scrap metal falling within paragraph (a) of this subsection and the other for recording the said particulars with respect to scrap metal falling within paragraph (b) thereof, but shall not at any one place and at any one time have in use, for the purposes of this section, more than one book for recording the said particulars with respect to scrap metal falling within each of those paragraphs.

(2)The said particulars, in the case of scrap metal falling within paragraph (a) of the preceding subsection, are—

(a)the description and weight of the scrap metal;

(b)the date and time of the receipt of the scrap metal;

(c)if the scrap metal is received from another person, the full name and address of that person;

(d)the price, if any, payable in respect of the receipt of the scrap metal, if that price has been ascertained at the time when the entry in the book relating to that scrap metal is to be made;

[F1(da)where paragraph (d) applies, any part of the price that is unpaid at the time when the entry is to be made;]

(e)where [F2paragraph (d)] does not apply, the value of the scrap metal at the time when the entry is to be made as estimated by the dealer;

(f)in the case of scrap metal delivered at the place in question by means of a mechanically propelled vehicle bearing a registration mark (whether the vehicle belongs to the dealer or not), the registration mark borne by the vehicle.

(3)The said particulars, in the case of scrap metal falling within subsection (1)(b) of this section, are—

(a)the description and weight of the scrap metal;

(b)the date of processing or, as the case may be, despatch of the scrap metal, and, if processed, the process applied;

(c)in the case of scrap metal despatched on sale or exchange, the full name and address of the person to whom the scrap metal is sold or with whom it is exchanged, and the consideration for which it is sold or exchanged;

(d)in the case of scrap metal processed or despatched otherwise than on sale or exchange, the value of the scrap metal immediately before its processing or dispatch as estimated by the dealer.

(4)Any particulars required to be entered in a book by virtue of the preceding provisions of this section, in respect of scrap metal falling within subsection (1)(a) of this section, shall be so entered immediately after the receipt of the scrap metal at the place in question; and any particulars so required to be entered, in respect of scrap metal falling within subsection (1)(b) of this section, shall be so entered immediately after the processing or despatch.

[F3(4A)If a scrap metal dealer pays at any time for scrap metal falling within subsection (1)(a)—

(a)the dealer must keep, with the book containing the entry relating to receipt of the scrap metal, a copy of the cheque (if the payment was by cheque), or any receipt identifying the transfer (if the payment was by electronic transfer and such a receipt was obtained), and

(b)the particulars required by this section to be entered include those listed in subsection (4B).

(4B)The particulars are—

(a)the full name and address of any person who makes the payment acting for the dealer;

(b)the full name and address of the person to whom the payment is made;

(c)in the case of an electronic transfer where no receipt identifying the transfer was obtained, particulars identifying the transfer.

(4C)Anything kept by virtue of subsection (4A)(a) must be marked so as to identify the scrap metal by reference to the entry relating to receipt of the metal.

(4D)An entry in pursuance of subsection (4A)(b)—

(a)must be made immediately after the payment is made, and

(b)if not made at the same time as the entry relating to receipt of the scrap metal, must identify the metal by reference to that entry.]

(5)Any book kept by a person in pursuance of subsection (1) of this section shall be a bound book kept exclusively for the purposes of this section and [F4the book and anything required by subsection (4A)(a) to be kept with it] shall be retained by him until the end of the period of two years beginning with the day on which the last entry was made in the book.

(6)Any person who fails to comply with any of the requirements imposed on him by this section shall be guilty of an offence and liable on summary conviction to [F5a fine not exceeding level 5 on the standard scale].

(7)In this section “processing”, in relation to scrap metal, includes melting down and any other process whereby the material ceases to be scrap metal, but does not include dismantling or breaking up, and “processed” shall be construed accordingly.