Scrap Metal Dealers Act 2013

21“Carrying on business as a scrap metal dealer” and “scrap metal”E+W

(1)The following provisions apply for the purposes of this Act.

(2)A person carries on business as a scrap metal dealer if the person—

(a)carries on a business which consists wholly or partly in buying or selling scrap metal, whether or not the metal is sold in the form in which it was bought, or

(b)carries on business as a motor salvage operator (so far as that does not fall within paragraph (a)).

(3)For the purposes of subsection (2)(a), a person who manufactures articles is not to be regarded as selling scrap metal if that person sells scrap metal only as a by-product of manufacturing articles or as surplus materials not required for manufacturing them.

(4)For the purposes of subsection (2)(b), a person carries on business as a motor salvage operator if the person carries on a business which consists—

(a)wholly or partly in recovering salvageable parts from motor vehicles for re-use or sale and subsequently selling or otherwise disposing of the rest of the vehicle for scrap,

(b)wholly or mainly in buying written-off vehicles and subsequently repairing and reselling them,

(c)wholly or mainly in buying or selling motor vehicles which are to be the subject (whether immediately or on a subsequent re-sale) of any of the activities mentioned in paragraphs (a) and (b), or

(d)wholly or mainly in activities falling within paragraphs (b) and (c).

(5)“Scrap metal dealer” means a person who is for the time being carrying on business as a scrap metal dealer, whether or not authorised by a licence.

(6)“Scrap metal” includes—

(a)any old, waste or discarded metal or metallic material, and

(b)any product, article or assembly which is made from or contains metal and is broken, worn out or regarded by its last holder as having reached the end of its useful life.

(7)But the following are not scrap metal—

(a)gold,

(b)silver, and

(c)any alloy of which 2 per cent or more by weight is attributable to gold or silver.

(8)The Secretary of State may by order amend the definition of “scrap metal” for the purposes of this Act (whether by amending subsection (6) or (7) or otherwise).