Meeting documents

To consider report of the Director of Services.

The Scrap Metal Dealers Act 2013 received Royal Assent on 28^th February 2013 and following a Commencement and Transitional Provisions Order issued on 6 August will come into force on 1^st October 2013. The new act repeals the Scrap Metal Dealers Act 1964 in total and Part 1 of the Vehicles (Crime) Act 2001, together with the Motor Salvage Regulations 2002, thus creating a revised single point regulatory regime for the scrap metal recycling and vehicle dismantling operations in England & Wales. The Act was in response to the growth in metal theft offence resulting in a booming recycling industry worth £5 billion in 2011.

Local authorities remain the principal regulators of the 2013 Act and the Committee received a report setting out the implications for South Bucks particularly in so far as delegations were concerned. The Committee noted that the legislation introduced a suitability test for applicants and powers to consult with the Police, other relevant authorities and the Environment Agency when considering the grant of a licence.

The report, after explaining the two different types of scrap metal licences the Act created, set out the requirements for dealers to carry out identity checks, keep records and use cashless payment. The new inspection and closure powers the Act introduced for the Council and police were also covered, together with the implications of transitional provisions for fee-setting, deemed licences and criminal offences.

The Committee noted that there are currently 7 Scrap Metal Dealers and 4 Motor Salvage Operators registered within South Bucks and that the new scheme would broaden the definition and allow the Council to reconsider a number of currently exempt premises. The report also identified the power to set fees on a cost recovery basis having regard to guidance issued by the Secretary of State which had only recently been published. The report emphasised that the fee was to cover the cost of administering the scheme and could not include the costs of the investigation and enforcement of unlicensed activities which would need to be met by the Council. In setting fees reference would also need to be made to the Licence Fees Toolkit.

The Committee, whilst welcoming the Act, expressed concern over the resource implications and, mindful of the number of scrap metal dealers and collectors who were operating in the District, questioned whether the additional workload imposed could be absorbed within existing resources. In the light of this concern the Committee felt that it was important to ensure that the Cabinet Member for Resources was involved in the setting of the fees which the Committee also agreed should be set at a level which recovered as many costs as possible allowed under the Scheme.

The Committee also raised concerns over the health and safety of officers and members when carrying out their respective duties under the legislation. The Committee also thought it would be useful to know the level of priority and resources the Police Crime Commissioner was going to allocate to this issue.  ...  view the full minutes text for item 14.