Scrap Metal Dealers Act 1964 (repealed)

9 Interpretation. E+W

(1) For the purposes of this Act a person carries on business as a scrap metal dealer if he carries on a business which consists wholly or partly of buying and selling scrap metal, whether the scrap metal sold is in the form in which it was bought or otherwise, other than a business in the course of which scrap metal is not bought except as materials for the manufacture of other articles and is not sold except as a by-product of such manufacture or as surplus materials bought but not required for such manufacture; and “scrap metal dealer” (where that expression is used in this Act otherwise than in a reference to carrying on business as a scrap metal dealer) means a person who (in accordance with the preceding provisions of this subsection) carries on business as a scrap metal dealer.

(2) In this Act, except in so far as the context otherwise requires, the following expressions have the meanings hereby assigned to them respectively, that is to say:—

• “article” includes any part of an article;

• “itinerant collector” means a person regularly engaged in collecting waste materials, and old, broken, worn out or defaced articles, by means of visits from house to house;

• “local authority” means the council of a . . . . . . F1 district, the Common Council of the City of London or the council of a London borough;

• F2 . . .

• “place” includes any land, whether consisting of enclosed premises or not;

• “scrap metal” includes any old metal, and any broken, worn out, defaced or partly manufactured articles made wholly or partly of metal, and any metallic wastes, and also includes old, broken, worn out or defaced tooltips or dies made of any of the materials commonly known as hard metal or of cemented or sintered metallic carbides;

• “scrap metal store” means a place where scrap metal is received or kept in the course of the business of a scrap metal dealer.

(3) Any reference in the preceding provisions of this Act to metal, except in the phrases “hard metal” and “metallic carbides”, shall be taken as a reference to any of the following metals, that is to say, aluminium, copper, iron, lead, magnesium, nickel, tin and zinc, or, subject to the next following subsection, to brass, bronze, gunmetal, steel, white metal or any other alloy of any of the said metals.

(4) For the purposes of this Act, a substance being an alloy referred to in the last preceding subsection shall not be treated as being such an alloy if, of its weight, two per cent. or more is attributable to gold or silver or any one or more of the following metals, that is to say, platinum, iridium, osmium, palladium, rhodium and ruthenium.

(5) Any reference in this Act to a person registered under this Act as a scrap metal dealer is a reference to a person in respect of whom the particulars required by section 1 of this Act are for the time being entered in a register maintained by a local authority under that section.

(6) Any reference in this Act to a registration mark borne by a vehicle is a reference to any mark which is displayed on the vehicle and is of a kind usually displayed on mechanically propelled vehicles for the purpose of complying with the [F3 provisions of the Vehicle Excise and Registration Act 1994 as to] registration marks.

(7) Except in so far as the context otherwise requires, any reference in this Act to an enactment is a reference to that enactment as amended by or under any other enactment.

Textual Amendments

F1 Words repealed by Local Government Act 1972 (c. 70), Sch. 30

F2 Definition in s. 9(2) repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt. XIV Group 3.

F3 Words in s. 9(6) substituted (1.9.1994) by 1994 c. 22, ss. 63, 66(1), Sch. 3 para. 1 (with s. 57(4))