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Motor Salvage Operators Licence

Currently Motor Salvage Operators are covered by Vehicles (Crime) Act 2001 and the Motor Salvage Operators regulation 2002  the which requires scrap metal dealers to  be licensed with the Local Authority. However the Scrap Metal Dealers Bill 2013 will replace the current legislation relating to Motor Salvage Operators and the new regime will be in place by 1st October 2013.  

Who needs to register?

What is the 'Business of a Motor Salvage Operator'?

How do I apply?

How long does registration last?

Determination of Registration

Right to make representation

Register of Motor Salvage Operators

Is there a fee for registration or renewal?

Further information

Legislation regarding Scrap Metal Dealers and Motor Salvage Operators is due to change.

The Scrap Metal Dealers Act 2013 comes into force on 1 October 2013. Persons who are currently registered as a Scrap Metal Dealer and/or a Motor Salvage Operator will need to make an application under the new legislation. These persons will be treated as having a temporary licence if they make the application before 15 October 2013. A full licence will be issued before 1 December 2013 allowing seven weeks for checks and the application process to be carried out.
Any person who fails to apply before 15 October 2013 will be required to go through a new application procedure and will not be treated as having a temporary licence and legally will not be allowed to trade in the interim period.
Under the new Act there will be 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.
  • The offence of buying scrap metal for cash will come into force on 1 October.
  •  Local authority officers and police officers will have the right to enter and inspect from 1 October.
  •  Licence fees will be advertised once set by the Council in September. 

 Who needs to register?

Under the Vehicles (Crime) Act 2001 and the Motor Salvage Operators Regulation 2002, any person who wishes to carry on the business of a Motor Salvage Operator are now required to:

  • Register with the Council in whose area they are operating.
  • Maintain appropriate records of all vehicle purchases and disposals.
  • Carry out full identification checks of vendors and purchasers; and
  • Allow the police (and other investigators) the right of entry to the premises and the right of search. A warrant is not required where the police require entry to a registered premise.

Motor Salvage Operators will not be permitted to carry out their business unless they have registered with the local Council.

It is an offence to operate a motor salvage business that has not been registered.

Summary conviction of this offence may lead to a fine not exceeding level 5 (currently £5,000) on the standard scale.

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What is the 'Business of a Motor Salvage Operator'?

Any person who carries on a business which consists:

  • wholly or partly in the recovery of salvageable parts from motor vehicles for re-use or re-sale; or

  • wholly or mainly in the purchase of written off vehicles and their subsequent repair and re-sale; or

  • wholly or mainly in the sale or purchase of motor vehicles which are to be the subject of any of the above activities (whether immediately or on a subsequent re-sale).

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How do I apply?

You can apply to be registered as a Motor Salvage Operator by downloading the application form.

How long does registration last?

Registration of the motor salvage operation is valid for 3 years commencing from the date that the entry was made in the 'Register of Motor Salvage Operators'.

In order to continue operating as a motor salvage operator at the end of this period, a valid application for the renewal must be made to us.

An operator is deemed to have ceased to be registered if they have not made an application to renew their existing registration.

It is an offence not register with us and also not notify us if, at any time, during the three years, you cease to operate as a motor salvage operator.

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Determination of registration

In deciding whether to approve registration, the Council must be satisfied that the applicant is a 'fit and proper' person, taking into account various unspent convictions, including the offences of:-

a) Theft or attempted theft of or from a motor vehicles, contrary to Section 1 of the Theft Act 1968;

b) Taking a motor vehicle without consent, contrary to Section 12 of the Theft Act 1968;

c) Aggravated vehicle taking, contrary to Section 12A of the Theft Act 1968;

d) Handling stolen goods, contrary to Section 22 of the Theft Act 1968;

e) Going equipped to steal or take a motor vehicle, contrary to Section 25 of the Theft Act 1968;

f) Interference with a motor vehicle, contrary to Section 9 of the Criminal Attempts Act 1981;

g) Tampering with a motor vehicle, contrary to Section 25 of the Road Traffic Act 1988;

h) Convictions for offences under Part 1 of the Vehicle Crimes Act 2001.

The Council also takes into account:

  • Details of any undischarged bankruptcy of the applicant or any directors or partners of the applicant business; and

  • Information provided by the police (which must be disclosed to the applicant).

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Right to make representation

If an applicant is considered not to be a suitable person to become a registered motor salvage operator then he will be advised, in writing and given the opportunity to make representations.

Guidance will be given in these procedures where applicable. 

If after representations have been made the Council decides to proceed with the refusal or cancellation of the registration it must serve a Notice on the applicant informing them of their decision, and also providing them with details relating to their rights of appeal against the decision.

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Register of Motor Salvage Operators

Borough of Poole maintains a register of all businesses carrying out motor salvage operations within the borough. 

Details to be kept on the register are:

  • The full name of the motor salvage operator, the name of all the directors if the business is undertaken by a corporate body, or the names of all the partners if the business is undertaken by a partnership;

  • The address of the operator's usual place of residence, or that for each partner where the operator is a partnership;

  • The registered or principal office address if the operator is a corporate body; and

  • The address of each place in Borough of Poole which is occupied by the motor salvage operation wholly, mainly or partly for the purpose for carrying the business activity.

The information contained within the register is available to the public and may be viewed Monday to Friday during normal office hours.

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Is there a fee for registration or renewal?

A fee is payable by the applicant wishing to register or renew a registration as a motor salvage operator.

Further information

Further information can be obtained by contacting us.

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Contact us

Email
environment@poole.gov.uk

Telephone
01202 261700

Text Relay
18001 01202 261700

Address
Environmental and Consumer Protection
Unit 1
Newfields Business Park
2 Stinsford Road
Poole
BH17 0NF