Motor Salvage

New Legislation as of 1 October 2013 - Please read - this may affect your business


Implementation of the Scrap Metal Dealers Act

As you may be aware the recent growth of metal theft has highlighted the ineffectiveness of the existing regulatory regime in preventing the scrap metal industry being the central market for stolen metal. Central government has therefore sought to remedy this by repealing existing legislation and bringing the Scrap Metal Dealers Act 2013 into force by October 2013.
Currently you may be registered with Amber Valley Borough Council as either a:

  • Scrap Metal Dealer - free registration and valid for 3 years
  • Motor Salvage Operator - £70 fee for a 3 year licence

The new Act places a requirement on Scrap Metal Dealers and Motor Salvage Operators to obtain either a licence for operating from a site, or a licence for operating as a mobile collector.

Site Licence - All the sites where a licensee carries on a business as a scrap metal dealer have to be identified, and a site manager has to be named for each site. This licence allows the licensee to transport scrap metal to and from those sites, from any local authority area.

Collector's Licence - This allows the licensee to operate as a collector in the area of the issuing licensing authority. It does not allow the collector to operate in any other local authority area, so a separate licence has to be obtained from each council the collector wishes to operate in. The licence does not authorise the licensee to operate a site; to do so you will need a site licence from the relevant authority.

The following businesses will require a licence under the new Act:-

  • Scrap Metal Dealers
  • Mobile Collectors
  • Motor Salvage Operators
  • All other businesses who buy or sell scrap metal as an integral part of their business


What happens next?

Any operator currently registered as a Scrap Metal Dealer or a Motor Salvage Operator will be deemed to have a licence under the 2013 Act until the council grants a licence or sends the operator notice of its decision to refuse a licence PROVIDED they submit an application to the Council between 1 and 15 October 2013.

If no application is received the deemed licence will lapse on 16 October 2013 and the operator will no longer be able to trade without making an application for a new licence.

As part of the process the applicant is asked to provide a Basic Disclosure Certificate with the application form. This can be applied for on-line or by completing a form and paying a fee of £25. CRB Scotland can be contacted on 0870 609 6006 or by emailing info@disclosurescotland.co.uk . Certificates are generally provided within 14 days and the Council will accept certificates up to 3 months old.

A fee (yet to be determined) will be payable for both the Site and the Collector's Permit.

Please click on the following link to obtain further details on the Scrap Metal Dealers Act 2013, but should you have any further queries please contact the Licensing Section on 01773 570222.

http://www.local.gov.uk/c/document_library/get_file?uuid=b1d2fd76-dc1c-43b9-8ff5-253c2d20ab4f&groupId=10171

 

Current Legislation until 1 October 2013

If you are a motor salvage operator, you must be register with your local authority.

Eligibility Criteria

A person is a motor salvage operator if they:

  • recover for reuse or sale, in whole or in part, salvageable parts from motor vehicles and sell or otherwise dispose of the rest of the vehicle
  • mainly or wholly buy written-off vehicles and repair and resale the same vehicle
  • mainly or wholly sell or buy motor vehicles that are to be subject to any of the two activities above
  • carry out activities that fall under the latter two points above

 

Regulation Summary

A summary of the regulation relating to this licence

Application Evaluation Process

Applications for registration must comply with any requirements set by the local authority and must be accompanied by a fee.

Applications will be refused if the local authority is not satisfied that the applicant is a fit and proper person to carry on business as a motor salvage operator. The local authority will take into account any relevant previous convictions. If an application or an application for a renewal is refused the local authority does not have to consider any other applications by the person for three years from the date of refusal.

A local authority may cancel a registration and does not have to consider any application for registration from the cancelled operator for three years from the date of the cancellation.

If a local authority intends to refuse an application or cancel a registration they must serve a notice on the applicant or operator. The notice must give details of what they are proposing to do, the reasons for it and the period during which the person may make representations. This period must not be less than 14 days and starts from the date of service of the notice.

A notice will be served detailing the decision of the local authority as to whether to grant an application, renew a registration or cancel a registration.

Notice of changes to registered information must be made to the local authority within 28 days of the change.

Failed Application Redress

In the first instance please contact:

Licensing Section
Amber Valley Borough Council
Town Hall
Market Place
Ripley
Derbyshire
DE5 3BT

Tel:
01773 570222
E-mail: licensing@ambervalley.gov.uk

If an application is refused the applicant may appeal to the local Magistrates court. Applications must be made within 21 days of service of the local authority notice.

Licence Holder Redress

In the first instance please contact:

Licensing Section
Amber Valley Borough Council
Town Hall
Market Place
Ripley
Derbyshire
DE5 3BT

Tel:
01773 570222
E-mail: licensing@ambervalley.gov.uk

If an application for renewal is refused or a registration is cancelled the operator may appeal to the local Magistrates court. Applications must be made within 21 days of service of the local authority notice.

Consumer Complaint

We would always advise that in the event of a complaint the first contact is made with the trader by you - preferably in the form a letter (with proof of delivery). If that has not worked, if you are located in the UK, Consumer Direct will give you advice. From outside the UK contact the UK European Consumer Centre.

Register

The register can be viewed at the town hall during normal office hours:
09:00 - 16:30 (Mon-Fri)
10:00 - 16:30 (Wed)

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Contact Details
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Do you need further information?

If for some reason you are unable to find the information which you require on our website, you can contact us by the following methods.


address logoAmber Valley Borough Council, Licensing Section, Town Hall, Market Place, Ripley, Derbyshire, DE5 3BT
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