|

Scrap Metal Dealers
Anyone operating as a scrap metal dealer within
the Tendring District is required to register with the Council. For
the purposes of the Scrap Metal Dealers Act 1964 a scrap metal
dealer is defined as any person who carries on a business that
consists wholly or partly of buying and selling scrap metal,
whether it is sold in the form it was bought or
otherwise.
- No person may carry on the business of a scrap
metal dealer unless they are registered to do so by their Local
Authority.
- A person is deemed to be carrying on a scrap
metal business if:
a) a place in the
area is occupied by him as a scrap metal store, or
b) no place is occupied by him as a scrap metal store in the
Tendring District or
elsewhere, but he has his usual place of residence in the Tendring
District, or
Tendring District, but a place in the district is occupied by him
for the purpose of that
business.
Registration as a scrap metal dealer shall last
for 3 years and must be renewed on or before the expiry date if the
registered person wishes to carry on as a scrap metal
dealer.
Registration Details
Before registering any person as a scrap metal
dealer the Council will require the following
information:
a) The full name of the dealer.
b) The address of the dealer or in the case of a body corporate
the registered or
principal office.
c) The address of each place in the Tendring District that is or
will be used as a scrap
metal store.
d) If the business is carried on from the applicants place of
residence, notice of that
fact.
e) If premises are used for a scrap metal business but not as a
scrap metal store,
notice of that fact and the address of the
premises.
The Council must be notified within 28 days of
any alterations to a registered person's or business' particulars,
or if the business ceases to operate.
How to Register
Please complete and submit the online
registration form.
N.B. you will need to return a signed copy of the
form to Environmental Services (at the address shown at the bottom
of this page).
Complete an online form here
Records Required to be Kept
Every scrap metal dealer must keep, at each place
occupied by him as a scrap metal store, a book detailing all scrap
metal received at that place and all scrap metal either processed
at or dispatched from that place. Two books may be kept where the
metal processed and or dispatched from a place is not received at
that place.
The details to be kept for scrap metal received
are:
a) The description and weight of the metal;
b) The date and time of receipt of the metal;
c) If the metal is received from another person the name and
address of that person;
d) The price of the metal if it has been ascertained at the time
the entry is made in the
book;
e) If no price has been ascertained, the estimated value of the
scrap metal;
f) The registration mark of any mechanically propelled vehicle
used to deliver the scrap
metal.
The details to be kept scrap metal processed or
dispatched are:
a) The description and weight of the metal;
b) The date of processing or dispatch, and in the case of
processing, the process
applied;
c) Where scrap metal is dispatched for sale or exchange, the name
and address of the
person to whom it is sold or with whom it is exchanged and the
consideration for
which it is sold or exchanged;
d) Where scrap metal is dispatched or processed other than for
sale or exchange, its
estimated value before being dispatched or
exchanged.
Entries must be made immediately upon receipt,
processing or despatch and books containing records must be kept
for two years following the last entry.
Where a person satisfies the Council that the
business is part of the business of an itinerant scrap metal
collector, the Council after consulting with the Chief of Police
may make an order requiring that on the sale of any scrap metal he
shall obtain from the purchaser a receipt showing the weight of the
metal and the aggregate price at which it was sold. These receipts
must be kept for two years and must be produced on demand to any
body authorised to require their production.
Where a scrap metal dealer does not occupy a
scrap metal store and is not registered as an itinerant then the
reference to keeping a book at a scrap metal store shall be
construed as a reference to keeping a book either at the dealers
usual place of residence or at any other place occupied for the
purpose of the scrap metal business. The references to the receipt,
processing or despatch of scrap metal at or from a place shall be
construed as the receipt, processing or despatch of scrap metal
during the course of business. Particulars must be entered in the
book as soon as is practicable.
Where a dealer occupies a scrap metal store and
is not registered as an itinerant and scrap metal is received and
disposed of other than at registered premises then entries in the
required books must be made as soon as is practicable at the
business' nearest registered store.
Rights of Entry
Any constable has a right at any reasonable time
to inspect registered premises, records kept on those premises and
scrap metal kept on the premises.
The Council has powers of entry to ascertain if
premises are being used as a scrap metal store.
Offences and Penalties
Any person found guilty of failing to register a
scrap metal business or to notify the local authority of
alterations in the appropriate particulars shall be liable on
conviction to a fine not exceeding £1,000.
Any person found guilty of failing to notify a
local authority that a business has ceased shall be liable on
conviction to a fine not exceeding £200.
Any person found guilty of failing to keep the
proper prescribed records shall be liable on conviction to a fine
not exceeding £1,000.
Any person found guilty of acquiring scrap metal
from a person under the age of 16 shall on conviction be liable to
a fine not exceeding £200.
Any person who obstructs the entry of an
authorised inspector or fails to produce any book or document which
the officer has a right to inspect shall on conviction be liable to
a fine not exceeding £200.
Where a person is convicted of failing to
register or failing to keep records of dealings the Court may make
an order imposing restrictions on the dealer for a period not
exceeding two years.
If you require any further information please
contact Environmental Services Health and Safety
Section.
Contact Details:
Telephone: 01255 686767
E-mail:
environmental.services@tendringdc.gov.uk
Address: Environmental Services, Council Offices,
Thorpe Road, Weeley,
Essex, CO16
9AJ
|