Scrap Metal Dealers Act 1964 (repealed)

6 Rights of entry and inspection. E+W

(1) Subject to the provisions of this section, any constable shall have a right at all reasonable times—

(a) to enter and inspect any place for the time being entered in a register under section 1 of this Act as a place which is occupied by a scrap metal dealer as a scrap metal store, or as a place which is occupied by a scrap metal dealer wholly or partly for the purposes of his business;

(b) to require production of, and to inspect, any scrap metal kept at that place and any book which the dealer is required by this Act to keep at that place, or, as the case may be, any receipt which the dealer is required to keep as mentioned in section 3(1)(b) of this Act, and to take copies of or extracts from any such book or receipt.

(2) Subject to the provisions of this section, if any officer of a local authority duly authorised in writing by the authority in that behalf has reasonable grounds for believing that a place in the area of the authority is being used as a scrap metal store, and that place is not for the time being entered in the register kept by the authority under section 1 of this Act as a place which is occupied as a scrap metal store, the officer shall have a right at any reasonable time, on producing (if required to do so) evidence of his authority, to enter that place for the purpose of ascertaining whether it is being used as a scrap metal store.

(3) If a justice of the peace is satisfied by information on oath that admission to a place specified in the information is reasonably required in order to secure compliance with the provisions of this Act, or to ascertain whether those provisions are being complied with, he may by warrant under his hand authorise a person having a right of entry to that place in accordance with the preceding provisions of this section to enter that place at any time within one month from the date of the warrant, if need be by force.

[F1 (3A) Whether or not a place is one to which a constable has a right of entry in accordance with subsection (1), a justice of the peace may issue a warrant described in subsection (3B) if satisfied by information on oath that there are reasonable grounds for believing that the place—

(a) is a scrap metal store where scrap metal paid for contrary to section 3A is or has been received or kept, or

(b) is a place to which admission is reasonably required in order to ascertain whether that section is being complied with.

(3B) The warrant is a warrant signed by the justice issuing it which specifies the place concerned and authorises a constable to enter the place, if need be by force, at any time within one month from the date of the warrant.

(3C) A constable authorised to enter a place by a warrant granted under subsection (3A) has a right—

(a) to inspect that place;

(b) to require production of, and to inspect, any scrap metal kept at that place;

(c) to require production of and to inspect any book which the dealer is required by this Act to keep at that place and any copy or receipt required to be kept with the book, or, as the case may be, any receipt which the dealer is required to keep as mentioned in section 3(1)(b), and to take copies of the book, copy or receipt;

(d) to require production of and to inspect any other record kept at that place relating to payment for scrap metal, and to take copies of the record.]

(4) Except under the authority of a warrant granted under [F2 subsection (3) or (3A)], no person shall be entitled by virtue of this section to enter any place by force.

(5) Any person who obstructs the exercise of any right of entry or inspection conferred by this section, or who fails to produce any book or other document which a person has a right to inspect thereunder, shall be guilty of an offence and liable on summary conviction to [F3 a fine not exceeding level 3 on the standard scale].

Textual Amendments

F1 S. 6(3A)-(3C) inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 146(14), 151(1); S.I. 2012/2770, art. 2(d)

F2 Words in s. 6(4) substituted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 146(15), 151(1); S.I. 2012/2770, art. 2(d)

F3 Words in s. 6(5) substituted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 145(3)(d), 151(1); S.I. 2012/2770, art. 2(c) (with art. 3)