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The Scrap Metal Dealers Act 2013 (Prescribed Relevant Offences and Relevant Enforcement Action) Regulations 2013

S.I. 2013/2258 · Made 6 September 2013 · Extends to England and Wales

Up to date with all changes known to legislation.gov.uk, revised to 1 January 2025.

Criminal Law

Scrap Metal Dealers

Made 6th September 2013

Laid before Parliament 10th September 2013

Coming into force 1st October 2013

The Secretary of State, in exercise of the powers conferred by sections 3(3)(b) and (c) and 20(4) of the Scrap Metal Dealers Act 2013f1 makes the following Regulations:

Annotations to the whole text

Footnotes

f1

2013 c.10.

Contents

  1. 1Citation, commencement and interpretation
  2. 2Relevant offences
  3. 3Relevant enforcement action
  4. Signature
  5. Schedule
  6. 1Primary Legislation
  7. 2Secondary Legislation
  8. Explanatory note

1Citation, commencement and interpretationI1

(1)

These Regulations may be cited as the Scrap Metal Dealers Act 2013 (Prescribed Relevant Offences and Relevant Enforcement Action) Regulations 2013 and shall come into force on 1st October 2013.

(2)

In these Regulations—

  • “environment-related offence” means an offence which relates to the transportation, shipment or transfer of waste, or to the prevention, minimisation or control of pollution of the air, water or land which may give rise to any harm;

  • “harm” means:

    1. (a)

      harm to the health of human beings or other living organisms;

    2. (b)

      harm to the quality of the environment;

    3. (c)

      offence to the senses of human beings;

    4. (d)

      damage to property; or

    5. (e)

      impairment of, or interference with, amenities or other legitimate uses of the environment.

2Relevant offencesI1

For the purposes of section 3(3)(b) of the Scrap Metal Dealers Act 2013, “relevant offence” means any offence specified in the Schedule to these Regulations, and includes an offence of—

(a)

attempting or conspiring to commit any offence falling within the Schedule;

(b)

inciting or aiding, abetting, counselling or procuring the commission of any offence falling within the Schedule, and

(c)

an offence under Part 2 of the Serious Crime Act 2007f1 (encouraging or assisting crime) committed in relation to any offence falling within the Schedule.

3Relevant enforcement actionI1

For the purposes of section 3(3)(c) of the Scrap Metal Dealers Act 2013, a person is the subject of “relevant enforcement action” if—

(a)

the person has been charged with an offence specified in the Schedule to these Regulations, and criminal proceedings in respect of that offence have not yet concluded; or

(b)

an environmental permit granted in respect of the person under the Environmental Permitting (England and Wales) Regulations 2010 f1 has been revoked in whole, or partially revoked, to the extent that the permit no longer authorises the recovery of metal.

Signature

Damian Green

Minister of State

Home Office

6th September 2013

1Primary LegislationI1

  1. (a)

    An offence under section 1, 5, or 7 of the Control of Pollution (Amendment) Act 1989f1

  2. (b)

    An offence under section 170 or 170B of the Customs and Excise Management Act 1979f2, where the specific offence concerned relates to scrap metal

  3. (c)

    An offence under section 110 of the Environment Act 1995f3

  4. (d)

    An offence under sections 33, 34 or 34B of the Environmental Protection Act 1990f4

  5. (e)

    An offence under section 9 of the Food and Environment Protection Act 1985f5

  6. (f)

    An offence under section 1 of the Fraud Act 2006f6, where the specific offence concerned relates to scrap metal, or is an environment-related offence

  7. (g)

    An offence under section 146 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012f7

  8. (h)

    An offence under sections 327, 328 or 330 to 332 of the Proceeds of Crime Act 2002f8

  9. (i)

    Any offence under the Scrap Metal Dealers Act 1964f9

  10. (j)

    Any offence under the Scrap Metal Dealers Act 2013

  11. (k)

    An offence under sections 1, 8,9,10, 11, 17, 18, 22 or 25 of the Theft Act 1968f10, where the specific offence concerned relates to scrap metal, or is an environment-related offence

  12. (l)

    Any offence under Part 1 of the Vehicles (Crime) Act 2001f11

  13. (m)

    An offence under sections 85, 202, or 206 of the Water Resources Act 1991f12.

2Secondary LegislationI1

  1. (a)

    An offence under regulation 38 of the Environmental Permitting (England and Wales) Regulations 2007f1

  2. (b)

    An offence under regulation 38 of the Environmental Permitting (England and Wales) Regulations 2010f2

  3. (bb)

    F1An offence under regulation 38 of the Environmental Permitting (England and Wales) Regulations 2016

  4. (c)

    Any offence under the Hazardous Waste (England and Wales) Regulations 2005f3

  5. (d)

    Any offence under the Hazardous Waste (Wales) Regulations 2005f4

  6. (e)

    An offence under regulation 17(1) of the Landfill (England and Wales) Regulations 2002f5

  7. (f)

    Any offence under the Pollution Prevention and Control (England and Wales) Regulations 2000f6

  8. (g)

    Any offence under the Producer Responsibility (Packaging Waste) Regulations 2007f7

  9. (h)

    Any offence under the Transfrontier Shipment of Waste Regulations 1994f8

  10. (i)

    Any offence under the Transfrontier Shipment of Waste Regulations 2007f9

  11. (j)

    Any offence under the Waste (Electrical and Electronic Equipment) Regulations 2006f10

  12. (k)

    An offence under regulation 42 of the Waste (England and Wales) Regulations 2011f11.

  13. (l)

    F2An offence under the Producer Responsibility Obligations (Packaging and Packaging Waste) Regulations 2024.

Explanatory note

(This note is not part of the Regulations)

These Regulations prescribe relevant offences and relevant enforcement action for the purposes of section 3(3)(b) and (c) of the Scrap Metal Dealers Act 2013. Pursuant to section 3(2) of that Act, where a local authority is processing an application for a scrap metal licence and is evaluating whether the applicant is a suitable person to carry on business as a scrap metal dealer, the local authority may have regard to whether the applicant or any site manager has been convicted of a relevant offence, or has been the subject of any relevant enforcement action.