34 Offences relating to metal dealing.S
(1)Any metal dealer or itinerant metal dealer who disposes of metal to a person apparently under the age of 16 or who acquires metal from such a person, whether that person is acting on his own behalf or on behalf of another person, shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding [F1level 3 on the standard scale].
(2)In any proceedings for an offence under subsection (1) above, it shall be a defence to prove that the person to whom it is alleged the metal was disposed of or from whom it is alleged it was acquired was 16 years of age or over at the time.
[F2(2A)Any metal dealer or itinerant metal dealer who fails to comply with a requirement of section 33C, 33D or 33E commits an offence and is liable, on summary conviction, to a fine not exceeding level 3 on the standard scale.]
(3)Any metal dealer or itinerant metal dealer who knowingly or recklessly [F3produces any information or document which the dealer is required to record or keep under section 33C which is false or misleading in a material particular] shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding [F1level 4 on the standard scale].
(4)Any person who, when selling metal to or purchasing metal from a metal dealer or itinerant metal dealer, gives the dealer a false name or address shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding [F1level 3 on the standard scale].
Textual Amendments
F1Words substituted by virtue of Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), s. 289G
F2S. 34(2A) inserted (1.9.2016) by Air Weapons and Licensing (Scotland) Act 2015 (asp 10), ss. 70(4)(a), 88(2); S.S.I. 2016/85, art. 2, sch.
F3Words in s. 34(3) substituted (1.9.2016) by Air Weapons and Licensing (Scotland) Act 2015 (asp 10), ss. 70(4)(b), 88(2); S.S.I. 2016/85, art. 2, sch.