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Decision Maker: Executive Councillor for Climate Action and Environment
Decision status: Recommendations Approved
Is Key decision?: No
Is subject to call in?: No
To authorise officers to undertake new duties and enforcement under the Act.
Matter for
Decision
The Scrap Metal Dealers Act 2013 replaces the Scrap Metal Dealers Act
1964 and Part 1of Vehicles (Crime) Act 2001 and introduces a new licensing
regime for scrap metal and vehicle dismantling industries.
The City Council will have powers to grant or refuse licences and to
revoke them if the dealer is considered to have become ‘unsuitable’.
The Local Authority (Functions and Responsibilities) (England)
Regulations 2000 state in section 2 that Schedule 1 sets out the functions that
are not to be the responsibility of the executive authority. In that Schedule,
under licensing and registration functions there is reference to the power to
license scrap yards under section 1 Scrap Metal Dealers Act 1964.
The Scrap Metal Dealers Act 1964 is repealed by section 19 of the
Scrap Metal Dealer's Act 2013. The 2013 Act comes into force on
1st October 2013. Reference to scrap metal dealers Act 1964 in Schedule
1 will cease to have any relevance after that date; it effectively disappears from
the Schedule, and therefore automatically falls to the Executive function of
the Council.
It is therefore necessary to bring this report to the Environment
Scrutiny Committee for approval rather than Licensing Committee. A report will
go to Licensing Committee for information.
It is likely that The Local Authority (Functions and Responsibilities)
(England) Regulation 2000 will be updated by December 2013 to allow this
function to return to Licensing Committee, whereby a report will then be taken
to Licensing Committee for approval.
Decision
of Executive Councillor for Environmental and Waste
Services
i.
Noted the powers conferred by the
Scrap Metal Dealers Act 2013.
ii.
Approved the scheme of delegations
as set out in Appendix A of the Officer’s report; and referred it to Civic
Affairs Committee to amend the Constitution.
iii.
Approved the fee structure as set
out in Appendix B; and for it to be reviewed on an annual basis.
Reason for the Decision
As set out in the Officer’s report.
Any Alternative Options Considered and Rejected
Not applicable.
Scrutiny
Considerations
The Committee received a report from the Head
of Refuse & Environment.
The Committee unanimously resolved by to endorse the recommendations.
The Executive Councillor
approved the recommendations.
Conflicts of Interest Declared by the Executive Councillor
(and any Dispensations Granted)
No conflicts of interest
were declared by the Executive Councillor.
Publication date: 29/10/2013
Date of decision: 08/10/2013