A person who carries on a business (either wholly or in part) in buying, selling, handling, collecting, transporting or storing scrap metal, whether or not the scrap metal is altered or recovered from the form in which it was acquired or carries on a business as a motor-vehicle salvage operator (if it doesn’t fall within the above paragraph) must be so authorised by license.
A Notice of Intention to Apply must be made in the Gibraltar Gazette 14 days before an application is made. The application must be accompanied by:
- Copy of Waste License and/or Waste Registration under Part VA Public Health Act
- Name and registered number and registered address of company
- Names, DOB and addresses of partners in a partnership
- Name, DOB, usual place of residence of “site managers”
- Any proposed trading name
- Contact tel. nos. and email address
- Address of proposed sites to be used
- Details of previous convictions of relevant offences
- Fee to the Agency
Licences are valid for two years but may be revoked. The licence which may contain conditions is made for a site or a collector of scrap or both and it is an offence not to comply with those conditions.
A public register of the licences is kept by Environmental Agency and the licence must be kept in a conspicuous place at the site. There must also be a sign on display at the entrance of the site in a conspicuous place accessible to the public The sign must be in the format in schedule 2 of the regulations:
“not less than 20centimetres in height and 15 centimetres in width. The sign must contain the word “licensed dealer in scrap metal” which must be in English and with characters that can be easily read by persons entering the site”
A copy of the Licence must be carried in any motor vehicle used and also displayed in a manner in which it can reasonably be seen and read by a person outside the vehicle
Dealers must not receive scrap metal from a person without verifying the person’s full name and address by asking for a copy of their ID card, passport etc and a receipt must be issued, and a copy kept, which records.
- Description of metal, including its type (or types if mixed), form, condition, weight and any marks identifying previous owners or other distinguishing features
- Date and time of the reception of the scrap metal
- Licence plate(s) of the vehicle(s) delivering the scrap metal
- If received from a person, the full name and address or a passport photo identifying that person
- If dealer pays for metal, the full name of the person who makes the payment acting for the SM dealer
These records must be kept for three years, be clearly legible and readily available for inspection. A dealer who buys or sells stolen scrap metal is guilty of an offence and is liable to a fine of £5000 or 12 months imprisonment.
- If a dealer alters or disposes of any metal, the following information must be recorded:
- Description, form and weight of the scrap metal
- Date/time of its alteration or disposal
- If the disposal is to another person, the full name and address of that person
- The price or other consideration received if payment is received for this
Further, a dealer who disposes or sells scrap to someone else must ensure that the person receiving the scrap metal is also licensed under the rules.