The Castle Point Plan

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Scrap Metal Dealers Act 2013

New Scrap Metal Dealer legislation

The Scrap Metal Dealers Act 2013 came into force in October 2013. The Act repealed the Scrap Metal Dealers Act 1964 and consolidated scrap metal dealers and motor salvage operators under one licensing regime. The new legislation requires that any persons collecting, buying or selling scrap in the Castle Point Borough will require a Scrap Metal Dealer Licence issued by us. There is a charge for this licence.

There are two types of licence:

  • A site licence - this will be required where a business is carried on as a scrap metal dealer at a premises. A site manager will be required to be named for each site. The licensee will then be permitted to operate from that site as a scrap metal dealer including transporting to and from those sites from any local authority area.
  • A collector’s licence - this authorises the licensee to operate as a mobile collector in the area of the issuing local authority, permitting them to collect scrap metal as appropriate. This includes commercial as well as domestic scrap metal. If a mobile collector operates within more than one local authority’s district, a licence will be required for each authority that (s)he operates in.

An application needs to be made for your licence and a fee will be payable to us. You will also need to submit a basic criminal record disclosure form as part of the application process. Basic DBS Checks: Guidance - GOV.UK


Anyone who carries out business as a scrap metal dealer without a licence may be liable on conviction to maximum fine of £5,000.

Please note these licences do not replace the Waste Carrier’s Licence. To collect scrap in Castle Point you will be required to hold a licence issued by us and a Waste Carriers Licence that is issued by the Environment Agency.

 

Licence Summary

To be a scrap metal dealer, you need to register with your local authority.  A scrap metal dealer is classed as carrying on a business in Castle Point if any of the following apply:

  • the dealer occupies a place as a scrap metal store in Castle Point;
  • the dealer does not occupy a place as a scrap metal store but has a usual place of residence in Castle Point; or 
  • the dealer does not occupy a place as a scrap metal store but occupies a place for business purposes in Castle Point.

A scrap metal dealer must be registered by the local authority in the area in which he occupies a scrap metal store or lives or has a scrap metal dealing business.  A registered scrap metal dealer must notify the council within 28 days if any of the details registered with the council change, or if he ceases trading as a scrap metal dealer.  Registrations last for three years.

 

Eligibility Criteria

Applicants must not be under 18 years of age.

An application for a site licence can be made by an individual, company or partnership and must be submitted on the relevant council application form. The applicant and any directors, partners and any persons nominated as site managers are required to disclose any convictions for any relevant offences.

An application for a collector's licence can be made by an individual and must be submitted on the relevant council application form.

We need a basic disclosure of convictions form for each person named on the application form. A Basic Disclosure Certificate can be applied for online via the Disclosure and Barring Service. If a disclosure certificate is not submitted with the application form this may result in the application being delayed or rejected.

 

Regulation Summary

Scrap Metal Dealers Act 2013

 

Application Evaluation Process

Applicants must provide the following:

  • their full name 
  • the address of the dealer, or in the case of a company, their registered or principal office 
  • the address of each place occupied as a scrap metal store, if any 
  • if the business is carried on without a scrap metal store 
  • if the business is carried on without a scrap metal store but the applicant occupies a place for the purposes of business, and the address of such a place

The registered dealer must notify the local authority of any changes to these details or if they cease to be a scrap metal dealer.

 

Will Tacit Consent Apply?

No.  It is in the public interest that the authority must process your application before it can be granted

Forms to download, print and post or email

Should you wish to apply, you can download the application form which you can complete and post or email to us.

 

Redress

Please contact us in the first instance at licensing@castlepoint.gov.uk

 

Public Registers or databases

Environment Agency - GOV.UK

 

Waste Carriers Licence

If you carry or transport waste as part of your business with a view to making a profit you may also need a Waste Carriers Licence from the Environment Agency in addition to the Scrap Metal Dealers registration. 
Environment Agency - GOV.UK

Record of dealings

Every scrap metal dealer must keep the following records at each scrap metal store:

a.  All scrap metal received at that place, including

  • the description and weight of the scrap metal
  • the date and time of receipt of the scrap metal
  • if the scrap metal is received from another person, the full name and address of that person
  • the price, if any, payable in respect of the receipt of the scrap metal, if that price has been ascertained at the time when entry in the book relating to that scrap metal is to be made OR the estimated  value of the scrap metal at the time when the entry is made
  • the registration mark of the vehicle if the scrap metal has been delivered by means of a vehicle

b.  All scrap metal either processed at, or despatched from that place including

  • the description and weight of the scrap metal
  • the date of processing or despatch of the scrap metal and, if processed, the process applied
  • 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

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 despatch as estimated by the dealer
Entries must be made immediately upon receipt, processing or despatch as the case may be and books kept must be retained for a period of two years from the last entry.  No more than one book may be used for each type of record.

 

Rights of entry

Any constable has a right at all reasonable times to inspect registered premises, any records kept at the premises and any scrap metal kept at that place. An officer of a local authority duly authorised in writing shall have power of entry to ascertain if premises are being used as a scrap metal store in contrary to Section 1 of the Act.

 

Definitions

Itinerant collectors means a person regularly engaged in collecting waste materials, and old, broken, worn out or defaced articles by means of visits from house to house.

Scrap metal includes any old metal, and any broken, worn out, defaced or partly manufactured articles made wholly or partly of metal and any metallic wastes and also includes old, broken, worn out or defaced tooltips or dies made of any other materials commonly known as hard metal or of cemented or sintered metallic carbides.

Scrap metal store means a place where scrap metal is received or kept in the course on the business of a scrap metal dealer.

 

Use of Personal Data

We are under a duty to protect the public funds we administer and to this end may use the information you provide on your application for the prevention and detection of fraud. We may also share this information with other bodies responsible for auditing or administering public funds for these purposes.

 

Trade Associations

  • British Metals Recycling Association (BMRA)
  • International Aluminium Institute
  • International Lead Association
  • Metal Bulletin